Over the course of his career as an Alabama injury lawyer, Erby Fischer has handled automobile accidents, car crashes, premises liability (slip and fall) cases, trucking accidents, products liability, environmental cases, insurance fraud and bad faith lawsuits, as well as drug and business litigation. Today, Erby is the Managaing Attorney for Morgan & Morgan in Birmingham, Alabama.
Areas of Practice:
Commercial Trucking Litigation
Complex and Class Action Litigation
Fraud and Bad Faith
Alabama State Bar (1996)
Alabama Supreme Court
United States District Court for the Northern District of Alabama
United States District Court for the Southern District of Alabama
United States District Court for the Middle District of Alabama
United States Court of Appeals for the Eleventh Circuit
Alabama State Bar
Alabama Association for Justice
Member, Board of Governor
American Association for Justice
Birmingham Bar Association
American Bar Association
Troy State University (B.S., 1992)
Summa cum laude
History, Economics, Business
University of Alabama School of Law (J.D., 1996)
American College of Trial Lawyers Award for Most Promising Trial Lawyer
ATLA Trial Competition National Semi-Finalist 1995
Bench and Bar
Erby J. Fischer has been a trial lawyer for 25 years. Raised in Fort Payne, Alabama, he went to college at Troy University, attended graduate school at the University of Alabama, and made his way to the UA School of Law where he received his J.D. in 1996. A few years later, Mr. Fischer opened his own practice in Tuscaloosa before eventually moving the firm to Birmingham, where he has litigated cases on behalf of plaintiffs all over the State, and elsewhere, for more than 20 years. Over the course of his practice, Mr. Fischer has represented clients in a wide array of matters, including catastrophic personal injury with an emphasis in commercial vehicle crashes and products liability. Mr. Fischer has also represented consumers, small businesses, and government clients in complex litigation, insurance fraud and bad faith actions.
These and other successes have earned Mr. Fischer the praise and respect of his fellow attorneys. The recipient of an AV Preeminent* peer review rating through Martindale-Hubbell, he has been selected for inclusion in both Alabama Super Lawyers and the Mid-South Super Lawyers, a distinction afforded to no more than 5% of attorneys.
In January 2021, Mr. Fischer joined Morgan and Morgan and was tapped to lead the Birmingham, Alabama office as Managing Attorney.
Erby Fischer has been trying cases in Alabama courtrooms since he first graduated from law school at the University of Alabama in 1996. In fact, his talent as a trial lawyer revealed itself even prior to graduation, as Erby received national recognition when he was named the American College of Trial Lawyers’ Most Promising Trial Lawyer as well as being an ATLA Trial Competition National Semi-Finalist in 1995.
Mr. Fischer has obtained many sizable settlements and jury awards on behalf of his clients. Some of his representative successes have included a $2.5 million jury verdict in a case involving premises liability and a $6 million award in a trade secrets lawsuit. Complex litigation has yielded numerous results including those for $63 million, $17 million, and $12 million. Other recent successes include $6.5 million in a personal injury case and $6.9 million and $5.8 million respectively in wrongful death cases. Over his career, Mr. Fischer has personally handled cases resulting in more than $200 million in recoveries for his clients.
Erby Fischer Tries Complex Personal Injury Lawsuits
Over the course of his career as an Alabama injury lawyer, Erby has handled automobile accidents, car crashes, premises liability (slip and fall) cases, trucking accidents, products liability, environmental cases, insurance fraud and bad faith lawsuits, as well as drug and business litigation. Clients in all walks of life with vastly different needs have turned to Erby for representation. From consumers and ordinary individuals that have suffered injuries, to Receivers, Liquidators, Bankruptcy Trustees and business owners; Erby and his team of attorneys are able to develop strategies to address the legal needs of their clients. Today, the majority of the cases that Erby handles are catastrophic personal injury and complex commercial litigation matters.
Erby has tried to jury verdict many personal injury lawsuits that have resulted in six and seven figure awards. These include a verdict of $ 6.0 million dollars in a business tort matter, $3.5 million dollars against a trucking company and a $2.5 million dollar verdict in a premises liability case. Many cases are resolved without the necessity of a jury trial. Erby has recovered millions of dollars in settlements in cases ranging from trucking cases to pharmaceutical injury cases to business and commercial cases.
Victories for Plaintiffs Injured in Commercial Truck Accidents
Erby has a particular compassion and interest in helping injury victims (and their families) who have been injured or killed in trucking accidents involving commercial vehicles, including 18-wheeler / tractor-trailer / big rig wrecks.
Recognized by his peers for his experience in these types of complex injury cases, Erby has written and lectured in continuing legal education seminars on the successful prosecution of Alabama truck accident cases involving serious injury or wrongful death. Indeed, Erby has achieved numerous multi-million dollar jury verdicts and settlements for his clients who have been seriously harmed in commercial truck (big rig, 18-wheeler, tractor trailer) accidents.
Complex Business Litigation and Commercial Litigation Cases
Today, much of Erby’s time is spent in complex business and commercial litigation. Erby has significant litigation and trial experience representing business ventures and commercial enterprises who have been harmed by the wrongdoing of another, either by breach of contract or by intentionally tortious conduct. Erby has, among many other results, secured jury verdicts of $1 million dollars in a case involving tortious interference and $6 million dollars in a case involving trade secrets.
Lawsuit for the Commissioner of the Tennessee Department of Commerce and Insurance
Erby successfully represented the Commissioner of the Tennessee Department of Commerce and Insurance in her role as Liquidator of three failed risk retention groups domiciled in Tennessee. The case was prosecuted in multi district litigation in Tennessee but impacted thousands of innocent policyholders, including doctors, nurses, lawyers and others, in many states including the State of Alabama.
Other Notable Business Clientele
Erby has been retained by Bankruptcy Trustees to pursue litigation on their behalf. Currently, Erby is representing a Bankruptcy Trustee in a matter involving an alleged Ponzi scheme. Erby has also represented victims of such schemes in other litigation. Erby has successfully represented business directors and officers in both defending claims brought against them and in prosecuting claims on their behalf. Erby represented the former President of Mossy Oak Properties and has represented such clients as the team physician for the University of Alabama football team in the successful defense of claims prosecuted against him by a physician practice management group. Erby also prosecuted counterclaims against the physician practice management group resulting in a successful resolution of the case for his client. Erby has also performed substantial and successful work on environmental cases involving damages to land owners.