Capell & Howard PC

26 Best Lawyers awards

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Awarded Practice Areas

Commercial Litigation Insurance Law Nonprofit / Charities Law

Biography

Bob Northcutt received his B.A. from Birmingham-Southern College and his J.D. degree from the Cumberland School of Law. He has regularly served as a Deputy Attorney General for the State of Alabama for over a dozen years. Bob serves as Co-Chair of the Firm’s Litigation Section and has served as a member of its Board of Directors. He is a native of Dothan, Alabama and is listed in Best Lawyers in America.

Bob’s practice is concentrated primarily in the area of civil litigation including cases alleging wrongful death, personal injury, products liability, commercial disputes, anti-trust, discrimination, insurance fraud, bad faith, asbestos and toxic torts. Bob serves as statewide counsel for at least two Fortune 500 companies, and routinely defends cases throughout the State. Bob has defended numerous state agencies and governmental entities and serves as counsel for the Receivership Division of the Alabama Department of Insurance. He also represents insurers in administrative and regulatory matters.

Bob and other members of the firm are currently representing the Alabama Medicaid Agency in its transition to providing healthcare and long-term care services through capitated payments to local Regional Care Organizations (RCOs) and Integrated Care Networks (ICNs).

Capell & Howard PC

26 Best Lawyers awards

Capell & Howard PC logo

Overview

  • English

  • Samford University, J.D., graduated 1977

  • Alabama, Alabama

  • Alabama Defense Lawyers Association - Member
  • Alabama Law Foundation - Fellow
  • American Bar Association - Member
  • Defense Research Institute - Member
  • Montgomery Rotary Club - Former Director
  • Montgomery Rotary Foundation - Former Director
  • Sigma Alpha Epsilon Social Fraternity, The University of Alabama - Former President
  • Staff-Parish Relations Committee, First United Methodist Church of Montgomery - Member
  • The Samaritan Counseling Center - Board President

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Middle District of Alabama
  • U.S. District Court for the Southern District of Alabama
  • English
  • Alabama, Alabama
  • Alabama Defense Lawyers Association - Member
  • Alabama Law Foundation - Fellow
  • American Bar Association - Member
  • Defense Research Institute - Member
  • Montgomery Rotary Club - Former Director
  • Montgomery Rotary Foundation - Former Director
  • Sigma Alpha Epsilon Social Fraternity, The University of Alabama - Former President
  • Staff-Parish Relations Committee, First United Methodist Church of Montgomery - Member
  • The Samaritan Counseling Center - Board President
  • Samford University, J.D., graduated 1977
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Alabama
  • U.S. District Court for the Middle District of Alabama
  • U.S. District Court for the Southern District of Alabama

Client Testimonials

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Commercial Litigation
  • Insurance Law
  • Nonprofit / Charities Law
Special Focus:
  • Civil Litigation
  • Commercial Disputes
  • Fraud
  • Product Liability
Awards:
  • The Outstanding Lawyers in America
  • Marquis Who's Who in American Law
  • Martindale-Hubbell Preeminent Rating Award
  • Delta Theta Phi
  • Alabama Law Foundation Fellow
  • Rotary International - Paul Harris Fellow

Additional Information

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Case History

Cases
  • Birmingham Airport Authority v Alabama Licensing Board of General Contractors
Successfully defended the State in a case filed in federal court challenging the contitutionality of State licensing statutes for general contractors. An unsuccessful result would have limited the ability of the State legislature to enact laws regulating business within the state and would have also llimited the ability of State Boards created by statue to regulate and license professions in the future. It would have also likely led to licensing statutes regulating other professions being struck down. The Alabama litigation was part of the larger isssue receiving attenton from other jusrisdictions as well due to Commerce Clause implications.
  • Waste Recycling, Inc. v Southeast Alabama Solid Waste Disposal Authority
Successfully struck down on consittutional grounds "flow control" ordinances enacted by numerous counties and municipalities designed to require the disposal of all waste collected within the Defendant political subdivisions to be disposed of a a solid waste disposal facility owned and operated by those cities and counties. It would have precluded the operation of a competing landfull or disposal authority and caused competing waste contractors to go out of business. At the time of the litigation this issue had garnered significant national attention and resulted in litgation in various jurisdicitions. This was one of the first Federal decisons on the issue and at the time it was believed the case might ultimately be argued and decided in the U. S. Supreme Court. After we prevailed in Federal District Court and in the Eleventh Circuit the Supreme Court struck down similar ordinances enacted elswehere.
  • Arbitration filed by Ala. Dept. Conservation vs Ala. Div. Risk Management and its insurers
Defense of $42M claim filed by the Dept. of Conservation arising from hurricane damage to the Gulf State Park This is believed to be the only arbitration commenced pursuant to the particular statute at issue . An unsuccessful result would have not only cost the State Div. of Risk Management and its reinsurers tens of millions but would have likely resulted in the State being unable to obtain reinsurance for state properties through the Divison of Risk Management in the forseeable future. It may have also resulted in some insurers refusing to insure for future wind damage in Alabama.

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