David J. Canupp

Mr. Canupp’s practice is focused on the defense of personal injury lawsuits and general civil litigation, and he has particular experience defending employment lawsuits and lawsuits against local governmental entities and their employees. He serves as panel counsel for several large insurance carriers, and is often retained to represent cities and individual employees at both the trial and appellate levels, frequently in federal court. He regularly defends claims under the Fair Labor Standards Act as well as claims of employment discrimination on the basis of race, sex, religion, national origin, disability, and so forth. He also is frequently called upon to represent municipalities and police officers in law enforcement liability cases. However, his experience in defending civil claims is broad and he regularly represents the interests of businesses and individuals sued in personal injury cases (including severe burn cases), wrongful-death lawsuits, and a variety of other types of litigation involving injuries and property damage.

Above all else, however, Mr. Canupp’s practice is responsive to his clients’ needs. In recent years, he has tried two federal law enforcement liability cases and won defense verdicts for law enforcement officers in both. In another case, he was retained to serve as appellate counsel after an insured had sustained an adverse judgment of nearly $5,000,000 in the trial court; Mr. Canupp presented oral argument to the Alabama Supreme Court and prevailed, wiping out the entire judgment. He also successfully defended a follow-on federal court lawsuit and ended a nearly 10-year legal dispute with zero liability to the client. Mr. Canupp also served as primary counsel in an $800,000 insurance dispute that was resolved fully in favor of his client, a public entity.

In recent years, Mr. Canupp has handled a number of class- and collective-action lawsuits involving numerous plaintiffs. He is one of a select group of lawyers to have led the defense of a major class action brought against an Alabama municipality arising out of municipal court operations. Mr. Canupp also has chaired the defense of state- and nation-wide collective actions under the Fair Labor Standards Act (FLSA).

Outside of the litigation context, Mr. Canupp provides guidance to employers in responding to unemployment petitions, reviewing handbook policies, analyzing the proper classification of employees under the Fair Labor Standards Act, preparing employment agreements, and investigating employee complaints. Finally, Mr. Canupp is frequently retained by both businesses and government agencies to provide guidance in complying with the accessibility requirements of the Americans With Disabilities Act (ADA).

In addition to his work with clients, Mr. Canupp contributes to Lanier Ford’s Third-Shift Employment Law Blog (www.ThirdShiftBlog.com).