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Frank H. McFadden


150 South Perry Street (36104)
Post Office Box 2069 (36102)
Montgomery, Alabama

p: (334) 241-8041

f: (334) 241-8241 | vCard


LL.B., Yale Law School, 1955

B.A., University of Mississippi, 1950

Bar Admissions:

Alabama, 1959

New York, 1956

Admitted to Practice

U.S. Supreme Court

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

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

Honors and Awards

The Best Lawyers in America - Arbitration; Litigation - Construction; Mediation

Best Lawyers - Montgomery Mediation Lawyer of the Year, 2013

Martindale-Hubbell AV Preeminent Rating Award

Judge Frank McFadden was admitted to the New York Bar in 1956, and the Alabama State Bar in 1959. He is a native of Oxford, Mississippi and was educated at the local public schools. Since receiving his B.A. in 1950 from the University of Mississippi and his LL.B. in 1955 from Yale Law School, Judge McFadden has practiced law in New York City and Birmingham, Alabama, and served as a United States District Judge for the Northern District of Alabama from 1969 to 1982, (Chief Judge, 1973-82). After resigning from the bench, Judge McFadden served as the general counsel for Blount, Inc. until 1995. He is listed in The Best Lawyers in America.

Since joining Capell & Howard, Judge McFadden has gained state and national prominence for his practice in the field of alternative dispute resolution. Judge McFadden served in the United States Navy from 1944-49 and 1951-53 with service aboard battleships and heavy cruisers in the Atlantic and Pacific Oceans and in Korea. Judge McFadden also served as an assistant professor of Naval Science at the NROTC unit at the University of Mississippi. He held the rank of Lieutenant when separated from the service.

Publications and Lectures

“Justice for All: Reducing Costs and Delay in Civil Litigation Report of a Task Force,” The Brookings Institution (1989)

“CPR Legal Program Preventing and Resolving Construction Disputes," Center for Public Resources (1991)

Memberships, Affiliations, and Activities

Fellow, American College of Construction Lawyers

Trustee, Southeastern Legal Foundation (1985-97)

National and Construction Panels of Distinguished Neutrals, CPR Institute for Dispute Resolution

Panel of Arbitrators, American Arbitration Association

National Advisory Council for Complex Cases, American Arbitration Association

The Brookings Institution Civil Litigation Project Task Force

The American Law Institute

Advisory Board, Cumberland Law School (1986-93)

Civil Justice Reform Act Advisory Group for the United States District Court for the Middle District of Alabama

Governor's Insurance Advisory Committee for the State of Alabama (1987-90)

Board of Directors, Montgomery Chamber of Commerce (1988-90)

Member of Council, Alabama Law Institute

New York State Bar

American Bar Association (Litigation Section's Forum Committee on the Construction Industry; Public Contract Section; Alternative Dispute Resolution Section)

American Corporate Counsel Association (Board of Directors, 1984-93; Chairman, 1989)

Fellow, Alabama Law Foundation

Board of Trustees, Holy Cross Episcopal School

Other Professional Experience

U.S. District Judge, Northern District of Alabama (1969-82); Chief Judge (1973-82)

Executive Vice President and General Counsel, Blount, Inc. (1982-95)

Partner, Bradley, Arant, Rose & White, Birmingham, Alabama (1958-69)

Associate, Lord, Day & Lord, New York, New York (1955-58)

Ensign to Lieutenant, U.S. Navy (1944-49, 1951-53)