Diane Babb Maughan
Partner
For over 20 years, Diane Maughan has strived to protect the interests of business owners and their companies, representing them in contract disagreements, commercial real estate disputes, trademark infringement claims and other matters. Diane works hard to help clients avoid potential litigation on the front end by thinking proactively and responding quickly to any potential concerns.
When litigation does occur, Diane prepares extensively and evaluates all options to help clients put their best case forward to end the litigation as favorably and efficiently as possible, whether through summary judgment, trial or resolution by settlement. She has litigated in state and federal courts at both the trial and appellate levels, and represents clients in arbitrations, administrative proceedings and matters pending before the Trademark Trial and Appeal Board.
Experience
- Diane has extensive experience in appellate work and has successfully argued appeals before the Alabama Supreme Court and the United States Court of Appeals for the Eleventh Circuit. She served as a law clerk to the Honorable Perry O. Hooper, Sr., Chief Justice of the Supreme Court of Alabama.
- Persuaded the U.S. District Court for the Northern District of Alabama to dismiss claims filed on behalf of 76 plaintiffs against a railroad client on the grounds that the claims were completely preempted by the Interstate Commerce Commission Termination Act of 1995, 49 U.S.C. § 10101 et seq., (“ICCTA”). The court’s order established new precedent in the Northern District of Alabama regarding the scope of ICCTA preemption of claims involving transportation by rail carriers. The underlying events were highly publicized in the media and the dismissal of all claims against the client allowed it to avoid further negative publicity.
- Successfully defended a trademark infringement action filed against a retail client by obtaining entry of summary judgment and an award of attorney fees against the plaintiff under Section 35 of the Lanham Act, (15 U.S.C. § 1117(a)). The award of attorney fees was significant because the statute only allows such an award in exceptional cases.