Biography | Rebecca A. Young

Rebecca Young often quotes legendary Alabama football coach Paul “Bear” Bryant: “I ain’t never been nothing but a winner.” Rebecca’s history of victories for her clients in state, federal and appellate courts and before various administrative commissions and boards backs up her claim. Rebecca works closely with her clients, taking a proactive and assertive position at the outset of every claim to get ahead of the opposition and secure valuable wins early.

Rebecca has a diverse litigation practice and serves as a trusted and pragmatic counselor to a broad range of clients operating across multiple industries. Whether handling a complex litigation matter or providing counsel on the many legal challenges faced by companies, Rebecca’s wide-ranging professional experiences enable her to think outside the box and find practical resolutions to her clients’ most complex legal issues.

Rebecca’s litigation experience is as diverse as her clients, spanning several areas of focus, including products liability, toxic torts, construction, transportation, employment and labor, and commercial disputes, as well as complex tort and general casualty matters.

Rebecca possesses an innate ability to connect with her clients, identify their needs and communicate effectively throughout the litigation cycle. Her rapport in the courtroom is equally impressive. As an aggressive litigator, Rebecca relies on persistence, preparation and personability.

Education

University of Alabama School of Law (J.D., 2009)
University of Alabama (B.A., summa cum laude, 2006)

Bar Admissions

Alabama

Court Admissions

U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Southern District of Alabama
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Alabama

Rebecca Young often quotes legendary Alabama football coach Paul “Bear” Bryant: “I ain’t never been nothing but a winner.” Rebecca’s history of victories for her clients in state, federal and appellate courts and before various administrative commissions and boards backs up her claim. Rebecca works closely with her clients, taking a proactive and assertive position at the outset of every claim to get ahead of the opposition and secure valuable wins early.

Rebecca has a diverse litigation practice and serves as a trusted and pragmatic counselor to a broad range of clients operating across multiple industries. Whether handling a complex litigation matter or providing counsel on the many legal challenges faced by companies, Rebecca’s wide-ranging professional experiences enable her to think outside the box and find practical resolutions to her clients’ most complex legal issues.

Rebecca’s litigation experience is as diverse as her clients, spanning several areas of focus, including products liability, toxic torts, construction, transportation, employment and labor, and commercial disputes, as well as complex tort and general casualty matters.

Rebecca possesses an innate ability to connect with her clients, identify their needs and communicate effectively throughout the litigation cycle. Her rapport in the courtroom is equally impressive. As an aggressive litigator, Rebecca relies on persistence, preparation and personability.

Press Releases

Wilson Elser Announces 31 New Partners Across 18 of 44 Offices Nationwide

January 8, 2024

News Briefs

Young and Saunders Obtain Dismissal of Claims against Wireless Carrier and Cell Phone Retailer

June 26, 2023

News Briefs

Young and Saunders Obtain Summary Judgment in Premises Liability Action

December 14, 2022

News Briefs

Young Garners Summary Judgment for Commercial Bus Company – in Two Cases Stemming from the Same Accident

October 3, 2022

News Briefs

Young Obtains Dismissal in Slander and Harassment Case

October 27, 2021

News Briefs

Young Obtains Motion to Dismiss a Wrongful Death Action

July 2, 2020

Young Secures Summary Judgment Using Video Evidence to Defeat Assault Claims

Rebecca Young (Partner-Birmingham, AL) secured summary judgment for an entertainment venue client in the Circuit Court of Jefferson County, Alabama. The plaintiff alleged she was brutally assaulted by the venue’s security staff while being wrongfully detained in a stairwell. Rebecca moved for summary judgment based on insufficient evidence to support the plaintiff’s allegations. The plaintiff argued that the claims should go before a jury because her testimony alone about what occurred was sufficient to create a genuine issue of material fact, particularly in the absence of video footage from the alleged location of the assault disputing her version of events. Rebecca countered that extensive video footage from before and after the alleged assault contradicted the plaintiff’s account. She prepared a detailed, minute-by-minute demonstrative timeline for the court that compared the footage to the plaintiff’s testimony, showing that the plaintiff’s version of the facts was impossible. Relying on Alabama law, which provides that when opposing parties tell two different stories, and one is blatantly contradicted by the record such that no reasonable jury could believe it, the court should not adopt that version of the facts in ruling on a motion for summary judgment. The court agreed and granted summary judgment on all claims.

Rebecca A. Young

Young & Simpler: Court Finds “Lawful, Obvious Alternative Explanations for the Alleged Conduct”

Rebecca Young (Partner-Birmingham, AL) and Porter Simpler (Associate-Birmingham, AL) obtained complete dismissal of a complaint against a housing authority client alleging various Title VII claims, including sex discrimination, hostile work environment, and retaliatory discharge. Rebecca and Porter argued that the plaintiff failed to state a claim. Plaintiff alleged that male employees were treated more favorably and outlined a year-long history of her supervisor treating her harshly, regularly cursing at her, using other inappropriate language, and threating to fire her; a few days after she contacted the EEOC to make a complaint, her employment was terminated. Rebecca and Porter argued that the male employees were not similarly situated to provide an inference of sex discrimination. They argued the allegations that the plaintiff's supervisor used profanity and other inappropriate language did not amount to a hostile work environment under Eighth Circuit precedent. As to the retaliation claim, Rebecca and Porter pointed out that the overwhelmingly detailed complaint contained allegations that supported an inference that the plaintiff was discharged because of her work performance rather than retaliation. Further, even if the plaintiff had sufficiently pled but-for causation, the record from the pleadings supported that there were “lawful, obvious alternative explanations for the alleged conduct” that rendered the complaint implausible. The court agreed and dismissed all the claims.

Rebecca A. Young

Young and Simpler Secure Dismissal of All Claims in Construction Defect Suit

Rebecca Young (Partner-Birmingham, AL) and Porter Simpler (Associate-Birmingham, AL) prevailed on a motion to dismiss in the Circuit Court of Benton County, Arkansas, in a construction defect case against Wilson Elser’s construction company client. The plaintiff alleged that a pool constructed by our client in 2018 had structural issues. Rebecca and Porter filed a motion to dismiss, based on the Arkansas five-year Statute of Repose. To avoid dismissal, the plaintiff amended the complaint, alleging the client fraudulently concealed the pool’s structural defects by covering them with concrete, thereby invoking a statutory fraud exception to the five-year time limit. Rebecca and Porter then filed a motion to dismiss the amendment, arguing that the plaintiff’s pleading still failed, as our client’s act of covering the pool's structural issues with concrete did not amount to fraudulent concealment under Arkansas law, which requires the alleged fraud to be "furtively planned and secretly executed." After additional briefing and oral arguments, the court dismissed all claims against the client.

Rebecca A. Young

Young & Simpler Obtain Dismissal in Product Liability Case

Rebecca Young (Partner-Birmingham, AL) and Porter Simpler (Associate-Birmingham, AL) obtained dismissal on a motion for summary judgment in Tuscaloosa County Circuit Court, Tuscaloosa, Alabama. The plaintiff alleged she suffered catastrophic crush injuries to her foot and $3.7 million in damages resulting from use of a defective work safety shoe. The plaintiff alleged our shoe company client misrepresented the extent of the shoe's safety and, in addition to compensatory and punitive damages, sought a statewide injunction enjoining the sale of the shoe in all manufacturing areas with crush risk hazards and for our client to issue refunds to past consumers. In response, Rebecca and Porter filed a motion for summary judgment arguing their client did not have the requisite connection to the safety design and sale of the shoe to create liability under Alabama law. It was undisputed that our client’s company name was included on the shoe at issue, but Rebecca and Porter explained that this by itself was not enough to create liability, and presented evidence demonstrating the company was not involved in the specific safety design and did not have any interaction with the plaintiff to support the misrepresentation claims. In opposition to these arguments, the plaintiff submitted numerous business organization records claiming that the defendant was operating as the same entity that was responsible for the licensing of the product. At the hearing on the summary judgment, the plaintiff’s counsel argued that he needed more time to gather information about the corporate structure of our client but later conceded there was inadequate evidence to create liability. The court granted the motion for summary judgment and dismissed all claims with prejudice.

Rebecca A. Young

Young Secures Summary Judgment on All Claims in Wrongful Death, Catastrophic Injury Resulting from Pile-Up Accident

Rebecca Young (Partner-Birmingham, AL) secured a third summary judgment win for a global pharmaceutical distributor client arising out of a pile-up accident caused by a tractor trailer that collided with several vehicles, which resulted in the death of an 11-year-old girl and catastrophic physical injuries to nearly a dozen other people. The plaintiffs sued for negligent and wanton selection and supervision, alleged failure to comply with Federal Motor Carrier Safety regulations, and failure to provide and verify insurance. Rebecca argued that all claims against the client were preempted under the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The U.S. District Court, Middle District of Alabama agreed and entered summary judgment in two related cases covering 11 plaintiffs’ claims and the wrongful death action. This third action was brought by the sister of the young girl that died, who was also a passenger in the vehicle and suffered substantial injuries. In attempting to defeat summary judgment in this third case, plaintiff’s counsel argued that the Eleventh Circuit law of federal preemption relied on by the defense was narrowly tailored and only applicable to claims involving cargo theft, and not claims that involve tort claims for personal injury. Rebecca responded to this argument by directing the court to new precedent from the Eleventh Circuit, which found such arguments to be unavailing and specifically applied FAAAA preemption in the personal injury context.

Rebecca A. Young

Jolley and Young Obtain Dismissal for Multinational Corporation Based on Failure to Establish Agency

Eleanor Jolley (Partner-Atlanta, GA) and Rebecca Young (Partner-Birmingham, AL) obtained dismissal of all claims made against a multinational energy corporation accused of negligently and wantonly allowing the plaintiff to be brutally assaulted at two of its fuel-branded gas stations. Eleanor and Rebecca argued that all of the claims were time-barred and that the plaintiff had failed to prosecute the claims by failing to properly serve the complaint on the appropriate legally recognized agent. The plaintiff argued that his service on an individual owner for one of the fuel stations was sufficient service. In response, Eleanor and Rebecca maintained that there was insufficient evidence to show the level of control necessary to establish agency and that an alleged parent-subsidiary relationship alone was insufficient to establish agency for purposes of effectuating service of process. Following briefing and oral argument, the Circuit Court of Tuscaloosa County, Alabama, granted our dispositive motion dismissing all the claims with prejudice.

Eleanor G. Jolley and Rebecca A. Young

Young and Makarenko Secure Summary Judgment for National Retailer in Premises Liability Case

Rebecca Young (Partner-Birmingham, AL) and Alexander Makarenko (Associate-Birmingham, AL) won summary judgment for a national retailer client that faced various premises liability claims following an injury caused during construction to the entryway of the retail store. The plaintiffs’ claims included negligence and wantonness, invoking punitive damages. Additionally, the plaintiff sought more than half a million dollars for medical costs, pain, suffering, and future limitations. Rebecca and Alex filed a motion for summary judgment on all claims, arguing that the plaintiff failed to properly establish that her injury was caused by the allegedly dangerous conditions at the entrance of the store, that the defendant had fulfilled its duty to warn of the construction conditions, and that the plaintiff could have avoided injury by exercising reasonable care. After briefing and oral arguments, the Madison County Circuit Court, agreed that summary judgment was appropriate and disposed of all claims.

Rebecca A. Young and Alexander V. Makarenko

Birmingham Team Obtains Dismissal of Tort Claims in Construction Defect Case

Rebecca Young (Partner-Birmingham, AL) and Alexander Makarenko (Associate-Birmingham, AL) obtained dismissal of all tort claims brought against Wilson Elser’s construction contractor client in a construction defect case in Alabama Circuit Court, Jefferson County. The plaintiffs’ claims included negligent hiring and supervision and wantonness, invoking punitive damages. Additionally, the plaintiffs sought damages beyond property loss, including consequential damages for loss of income, emotional distress and mental anguish, and the reimbursement of medical costs. Rebecca and Alex filed a motion to dismiss, arguing that the plaintiffs executed a limited warranty agreement waiving all claims against the client except for breach of contract and limiting relief solely to the repair or replacement of latent defects. After briefing and oral arguments, the court concurred that the warranty applied, dismissing all claims outside the limited warranty.

Rebecca A. Young and Alexander V. Makarenko

Young Secures Summary Judgment for Housing Authority in Allegations of Failure to Accommodate

Rebecca Young (Partner-Birmingham AL) obtained summary judgment on behalf of a housing authority client accused of FMLA and ADA discrimination, failure to accommodate and constructive discharge. The plaintiff employee, who was in treatment for cancer, claimed that when she returned from medical leave her pay was wrongfully reduced in violation of the FMLA. She also claimed that our client failed to accommodate her and engaged in bullying and unfair treatment that created unbearable working conditions that led to her constructive discharge. Rebecca defended the claims by presenting overwhelming evidence in favor of the defense and arguing that the plaintiff could not satisfy her burden under the McDonnel Douglas burden-shifting framework for the FMLA claims and the modified burden-shifting analysis for the ADA discrimination and failure to accommodate claims as followed by the Eighth Circuit. For the constructive discharge claim, Rebecca relied on admissions she elicited during the plaintiff's deposition, which demonstrated that her work environment did not amount to conditions necessary to support constructive discharge. The U.S. District Court Eastern District of Arkansas agreed and granted summary judgment.

Rebecca A. Young

Young Obtains Summary Judgment Based on the Federal Aviation Administration Authorization Act Preemption

Rebecca Young (Partner-Birmingham AL) defended a leading global pharmaceutical distributor in two cases arising out of a pile-up accident caused by a tractor trailer that collided with several vehicles stopped for traffic, which resulted in the death of an 11-year-old girl and catastrophic physical injuries to nearly a dozen others involved. The liability against the tractor trailer driver and his employer, neither of which had insurance, was undisputed. At the time of the accident, the driver was contracted to perform work for our distributor client through a broker. The plaintiffs sued our client and its broker for negligent, wanton selection and supervision, alleged failure to comply with Federal Motor Carrier Safety regulations, and failure to provide and verify insurance. The broker only had $1 million in coverage, which was contested, and filed for bankruptcy, leaving our client with the only pockets to pull from and a potential exposure of over $200 million based on Alabama’s joint and several liability. Rebecca argued that all claims against the client were preempted under the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The U.S. District Court, Middle District of Alabama agreed and entered summary judgment in both cases covering all 11 plaintiffs’ claims and the wrongful death action.

Rebecca A. Young

Young and Enger Bring Construction Defect Suit to Successful Early Close

Rebecca Young (Partner-Birmingham, AL) and Ericson Enger (Associate-Jackson, MS) obtained dismissal in a multi-party construction defect case. They were able to convince the plaintiffs’ counsel to voluntarily dismiss the claims against our construction company client by obtaining crucial witness statements directly refuting the property owners’ allegations and demonstrated that the construction defect claims against the firm client would likely fail if pursued and could potentially weaken the plaintiffs’ position against the other parties. By taking an aggressive and proactive approach, Rebecca and Ericson were able to get the case resolved at the very early stages to save the client and multiple carriers the extensive time and expense of going forward with complex construction defect discovery, which would have included dozens of depositions, expert discovery and volumes of document production.

Rebecca A. Young and Ericson W. Enger

Young Obtains Summary Judgment for Product Manufacturer on Defective Product Claims

Rebecca Young (Partner-Birmingham, AL) won summary judgment for a product manufacturer in a case involving an allegedly defective trailer that caused the plaintiff company significant consequential damages including loss of business, substantial storage and towing costs, and loss of use. The plaintiff made claims under the Alabama Extended Manufacturer Liability Doctrine (AEMLD) as well as claims for negligence, wantonness and breach of implied warranty of merchantability, and made a demand for nearly $1 million to resolve the claims. Rebecca filed for summary judgment and argued that the tort claims, implied warranty claim, business injury damages and all other consequential damages were barred by the economic loss rule and limited remedies in the express warranty. The U.S District Court for the Northern District of Alabama agreed with these arguments and granted summary judgment disposing of those claims and damages.

Rebecca A. Young

Young Secures Dismissal for Major Mobile Communication / ISP Client

Rebecca Young (Partner-Birmingham, AL) obtained a dismissal of all claims against one the country’s largest mobile communication and internet service providers arising out of a truck accident involving one of the company’s drivers. Rebecca first successfully removed the case to federal court to avoid a highly unfavorable venue. Even though the complaint did not provide an exact amount of damages, Rebecca argued that the amount in controversy was satisfied because the plaintiffs alleged an unspecified amount of punitive damages, which the Fifth Circuit has deemed to exceed the federal jurisdictional minimum. Once in federal court, Rebecca argued that the plaintiffs’ claims failed to satisfy the plausibility standard set forth by the U.S. Supreme Court in Iqbal and Twombly. The U.S. District Court for the Southern District of Mississippi agreed and dismissed all claims against the client.

Rebecca A. Young

Young Prevails in Highly Publicized Case against Housing Authority

Rebecca Young (Partner-Birmingham, AL) recently won a second summary judgment on behalf of a housing authority client accused of wrongfully terminating the employment of its former executive director in retaliation for making a whistleblower complaint to the U.S. Department of Housing and Urban Development and the city’s mayor. The matter was highly publicized and brought severe criticism against the client, which was ultimately redeemed through judgments in its favor. Rebecca first obtained summary judgment on the federal whistleblower claim pending in the U.S. District Court based on jurisdictional arguments regarding failure to exhaust specific administrative remedies. Following the disposition of the federal claim on the jurisdictional grounds, the federal court remanded the related state claim of wrongful termination. Rebecca then filed another motion for summary judgment, arguing that the plaintiff could not satisfy her burden under the McDonnel Douglas burden-shifting framework adopted by the state courts from the Eighth Circuit. The state court agreed and granted summary judgment.

Rebecca A. Young

Young Secures Dismissal of “Shotgun” Pleading in Eleventh Circuit

Rebecca Young (Partner-Birmingham, AL) won an appeal to the U.S. Court of Appeals, Eleventh Circuit on behalf one of the nation’s largest commercial real estate and financial organizations. The Court affirmed the district court’s order dismissing all claims brought against the Wilson Elser client, including Fair Housing Act violations, breach of contract, fraud, harassment, retaliatory eviction, bad faith and malicious prosecution. In addition to winning at the district court level, Rebecca previously obtained favorable determinations for the real estate group in response to a 2020 HUD complaint and 2021 HUD complaint, both brought by the appellant plaintiff. The plaintiff’s lease was not renewed after the 2020 and 2021 HUD complaints, which led to new claims of retaliation. In arguing for dismissal and in seeking affirmance on appeal, Rebecca pointed out that the complaint and subsequent amendments were “shotgun” pleadings that warranted dismissal under Eleventh Circuit precedent. The Eleventh Circuit agreed.

Rebecca A. Young

Young and Saunders Obtain Summary Judgment for Multinational Financial Services Company in $1 Million Premises Liability Suit

Rebecca Young (Partner-Birmingham, AL) and Anna Saunders (Associate-Birmingham, AL) obtained summary judgment for a multinational financial services company in a case alleging significant bodily injuries suffered by a real estate agent during a property inspection at the client-owned property, and a claim by the agent’s wife for loss of consortium. The plaintiff agent fell when dilapidated brick stairs collapsed, throwing him forward where he landed on a hidden iron stake that ripped through his kneecap. The plaintiffs made a policy limits demand of $1,000,000, and alleged that the Wilson Elser client was aware of the dangerous condition, but failed to take action to keep the property in a reasonably safe condition. The case was filed in one of the most notoriously difficult venues in Alabama state court, but Rebecca and Anna were able to have the case removed to federal court, which then required the plaintiffs to pass the more strenuous hurdles of a heightened pleading standard and summary judgment sufficiency standards. The court’s decision was largely based on the federal standard for evidence sufficient to submit a case to a jury on the issue of “notice” and determined that the plaintiffs failed to meet this standard; the court entered a judgment as a matter of law for the defense because plaintiff could not demonstrate that the defendants had knowledge of the dangerous condition.

Rebecca A. Young