People

Phil Holladay specializes in defending a wide range of clients in high-exposure commercial disputes, product liability and tort cases, class action lawsuits, and qui tam actions. A partner in our Atlanta office, Phil leads our Automotive and Transportation initiative and the Tort & Environmental practice's Transportation subgroup.

With more than 30 years of experience representing clients and trying cases in state and federal courts around the country, Phil's practice today focuses on clients in the transportation, healthcare and financial services industries. He is frequently called on to handle matters for clients pending in jurisdictions that are hostile to corporate defendants, and has represented clients in cases in Alabama, Arkansas, California, Delaware, the District of Columbia, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, New Jersey, New York, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia and Puerto Rico.

Phil has briefed and argued cases in both state and federal appellate courts. He regularly confronts the important recurrent issues in today's commercial disputes and tort cases, including class certification; whistle-blower allegations; jurisdictional and venue disputes; efforts to exclude expert witnesses and testimony on Daubert grounds; attempts to depose senior executives and counsel; efforts to obtain privileged documents; and attempts to obtain discovery from turncoat former employees.

Full Bio

Credentials

J.D., Vanderbilt University

B.A., Birmingham Southern College, summa cum laude, Phi Beta Kappa

Georgia

Law Clerk, Hon. Robert S. Vance, U.S. Court of Appeals for the Eleventh Circuit

American Bar Association

Atlanta Bar Association

Defense Research Institute

State Bar of Georgia

High-Exposure Product Liability


High-Exposure Product Liability — Legal 500, 2011–2016

Georgia Super Lawyer


Atlanta Magazine, multiple listings between 2004 and 2017

Best Lawyers in America


2010, 2011

Super Lawyers: Business Edition


2011

Georgia's Best Lawyers


2011

Super Lawyers: Corporate Counsel Edition


2009, 2010

Icon close

Close

Recognition

High-Exposure Product Liability


High-Exposure Product Liability — Legal 500, 2011–2016

Georgia Super Lawyer


Atlanta Magazine, multiple listings between 2004 and 2017

Best Lawyers in America


2010, 2011

Super Lawyers: Business Edition


2011

Georgia's Best Lawyers


2011

Super Lawyers: Corporate Counsel Edition


2009, 2010

Matters

Defending national pharmacy benefits manager in lawsuit filed by retail pharmacies alleging claims for, among other things, attempted monopolization, unfair competition, breach of contract, interference with prospective economic advantage, and fraud.

Represented a credit card processing company in successful arbitration to recover fees and implementation costs pursuant to Letter of Intent.

Defended a national pharmacy benefits manager in a class action lawsuit filed against the company and its former insurers alleging fraud in connection with the settlement of securities class action and derivative lawsuits arising out of a failed merger.

See more
Icon close

Close

Matters

Defending national pharmacy benefits manager in lawsuit filed by retail pharmacies alleging claims for, among other things, attempted monopolization, unfair competition, breach of contract, interference with prospective economic advantage, and fraud.

Represented a credit card processing company in successful arbitration to recover fees and implementation costs pursuant to Letter of Intent.

Defended a national pharmacy benefits manager in a class action lawsuit filed against the company and its former insurers alleging fraud in connection with the settlement of securities class action and derivative lawsuits arising out of a failed merger.

Represented HealthSouth Corporation in the successful defense of a lawsuit brought under the Alabama Uniform Fraudulent Transfer Act seeking to enforce a $376 million Michigan Consent Judgment obtained against a former HealthSouth subsidiary.

Defending General Motors LLC ("New GM") in a lawsuit seeking to obtain a default judgment in an automotive product liability case against General Motors Corporation ("Old GM") and to enforce the default judgment against New GM.

Dismissal of General Motors of Canada, Ltd. on personal jurisdiction grounds in an automotive product liability case involving catastrophic injuries filed in Geneva County, Alabama. (2016 WL 5817467) (Ala. S.Ct.).

Writ of Mandamus ruling from the Alabama Supreme Court dismissing a high-exposure automotive product liability case filed against General Motors of Canada, Ltd. based on the expiration of the statute of limitations. (See Ex Parte General Motors of Canada, Ltd., 2013 Ala. LEXIS 109).

Summary judgment in favor of General Motors of Canada, Ltd. based on the expiration of the statute of limitations in an automotive product liability wrongful death case filed in Alabama federal court. (2012 U.S. Dist. LEXIS 54439 N.D. Ala.).

Dismissal of product liability claims brought against former officers and directors of General Motors Corporation ("Old GM") by plaintiffs attempting to circumvent the S.D.N.Y. Bankruptcy Court's ruling that General Motors LLC ("New GM") is not liable for automotive products cases that were pending when Old GM filed for bankruptcy. (67 So. 3d 882 Ala.).

Summary judgment for an electrode manufacturer sued in Louisiana State Court for catastrophic injuries resulting when a steel worker fell off the top of an electric arc furnace while changing an electrode. (Affirmed Louisiana 5th Circuit Court of Appeals).

In a case of first impression nationwide, the Eleventh Circuit Court of Appeals ruled that client, BAE Systems, Inc., and other defendants had properly removed a toxic tort putative class action filed in Alabama state court to federal court pursuant to the Class Action Fairness Act, 449 F.3d 1159 (11th Cir.).

Successful in persuading a U.S. District Court Judge to vacate a pro bono client's death penalty sentence in federal habeas corpus proceedings, 699 F. Supp. 2d 838 (E.D. Va.).

Matters

Defending national pharmacy benefits manager in lawsuit filed by retail pharmacies alleging claims for, among other things, attempted monopolization, unfair competition, breach of contract, interference with prospective economic advantage, and fraud.

Represented a credit card processing company in successful arbitration to recover fees and implementation costs pursuant to Letter of Intent.

Defended a national pharmacy benefits manager in a class action lawsuit filed against the company and its former insurers alleging fraud in connection with the settlement of securities class action and derivative lawsuits arising out of a failed merger.

See more
Icon close

Close

Matters

Defending national pharmacy benefits manager in lawsuit filed by retail pharmacies alleging claims for, among other things, attempted monopolization, unfair competition, breach of contract, interference with prospective economic advantage, and fraud.

Represented a credit card processing company in successful arbitration to recover fees and implementation costs pursuant to Letter of Intent.

Defended a national pharmacy benefits manager in a class action lawsuit filed against the company and its former insurers alleging fraud in connection with the settlement of securities class action and derivative lawsuits arising out of a failed merger.

Represented HealthSouth Corporation in the successful defense of a lawsuit brought under the Alabama Uniform Fraudulent Transfer Act seeking to enforce a $376 million Michigan Consent Judgment obtained against a former HealthSouth subsidiary.

Defending General Motors LLC ("New GM") in a lawsuit seeking to obtain a default judgment in an automotive product liability case against General Motors Corporation ("Old GM") and to enforce the default judgment against New GM.

Dismissal of General Motors of Canada, Ltd. on personal jurisdiction grounds in an automotive product liability case involving catastrophic injuries filed in Geneva County, Alabama. (2016 WL 5817467) (Ala. S.Ct.).

Writ of Mandamus ruling from the Alabama Supreme Court dismissing a high-exposure automotive product liability case filed against General Motors of Canada, Ltd. based on the expiration of the statute of limitations. (See Ex Parte General Motors of Canada, Ltd., 2013 Ala. LEXIS 109).

Summary judgment in favor of General Motors of Canada, Ltd. based on the expiration of the statute of limitations in an automotive product liability wrongful death case filed in Alabama federal court. (2012 U.S. Dist. LEXIS 54439 N.D. Ala.).

Dismissal of product liability claims brought against former officers and directors of General Motors Corporation ("Old GM") by plaintiffs attempting to circumvent the S.D.N.Y. Bankruptcy Court's ruling that General Motors LLC ("New GM") is not liable for automotive products cases that were pending when Old GM filed for bankruptcy. (67 So. 3d 882 Ala.).

Summary judgment for an electrode manufacturer sued in Louisiana State Court for catastrophic injuries resulting when a steel worker fell off the top of an electric arc furnace while changing an electrode. (Affirmed Louisiana 5th Circuit Court of Appeals).

In a case of first impression nationwide, the Eleventh Circuit Court of Appeals ruled that client, BAE Systems, Inc., and other defendants had properly removed a toxic tort putative class action filed in Alabama state court to federal court pursuant to the Class Action Fairness Act, 449 F.3d 1159 (11th Cir.).

Successful in persuading a U.S. District Court Judge to vacate a pro bono client's death penalty sentence in federal habeas corpus proceedings, 699 F. Supp. 2d 838 (E.D. Va.).

Credentials

J.D., Vanderbilt University

B.A., Birmingham Southern College, summa cum laude, Phi Beta Kappa

Georgia

Law Clerk, Hon. Robert S. Vance, U.S. Court of Appeals for the Eleventh Circuit

American Bar Association

Atlanta Bar Association

Defense Research Institute

State Bar of Georgia

High-Exposure Product Liability


High-Exposure Product Liability — Legal 500, 2011–2016

Georgia Super Lawyer


Atlanta Magazine, multiple listings between 2004 and 2017

Best Lawyers in America


2010, 2011

Super Lawyers: Business Edition


2011

Georgia's Best Lawyers


2011

Super Lawyers: Corporate Counsel Edition


2009, 2010

Icon close

Close

Recognition

High-Exposure Product Liability


High-Exposure Product Liability — Legal 500, 2011–2016

Georgia Super Lawyer


Atlanta Magazine, multiple listings between 2004 and 2017

Best Lawyers in America


2010, 2011

Super Lawyers: Business Edition


2011

Georgia's Best Lawyers


2011

Super Lawyers: Corporate Counsel Edition


2009, 2010