Baker Donelson

Gene Podesta is a real arrogant *** He doesn't care about anybody, including his own clients. He has two priorities, money and winning.

The owners of the buildings at the former Country Crossing site in south Houston County have sued the law firm that provided most of the legal advice for the failed gambling complex, claiming the firm guided the owners to losses of $70 million in the venture.

Resorts Development Group II (RDG II), filed the legal malpractice and conspiracy lawsuit Thursday in Houston County Circuit Court against the Birmingham firm of Baker, Donelson, Bearman, Caldwell and Berkowitz as well as Country Crossing developer Ronnie Gilley and Ronnie Gilley Properties.

The suit claims one of Baker-Donelson's attorneys, Will Somerville, had a conflict of interest in providing legal advice to RDG II because he also represented Gilley and other Gilley interests. The suit claims that Gilley concocted the Country Crossing electronic bingo/entertainment complex idea and sought to raise millions as a last-ditch effort to save his "crumbling" real estate business.

The suit claims the multiple entities had competing interests.

The suit further claims Somerville provided RDG II with bad legal advice when he told the entity that the games being played at Country Crossing would be legal under Alabama law. The plaintiffs allege that Baker Donelson told investors and other interested parties that Houston County could modify the rules and regulations of bingo as defined in a previously passed countywide amendment (Amendment 569) and that the modification would open the door for legal electronic bingo at Country Crossing "despite specific language to the contrary."

The Houston County Commission passed a resolution in 2008 (Resolution 08-25) that purported to "clarify and promulgate" bingo rules and regulations.

"However, Resolution 08 ‐ 25 in fact contradicted Amendment 569 and purported to expand the rules governing the operation of charitable bingo. Baker Donelson and William G. Somerville failed to advise RDG II on the legal effect and consequences of Resolution 08 ‐ 25 and knew or should have known its content and effect," states the lawsuit, filed on behalf of RDG II by Dothan attorney Adam Jones.

RDG II shut down electronic bingo operations at Country Crossing on Jan. 29, 2010, almost five years ago, under threat of state raids. RDG II reopened Country Crossing as Center Stage Alabama in July of 2011, but closed in July of 2012 after a raid under the direction of Attorney General Luther Strange resulted in the seizure of hundreds of machines and more than $180,000 in cash. RDG II filed for bankruptcy in January of 2012, but the bankruptcy was dismissed in September of 2012.

In October of 2013, Circuit Judge Michael Conaway ruled that the games played at the Center Stage facility constituted illegal gambling and did not meet the definition of bingo. The Alabama Supreme Court upheld the local decision in November of 2014. The decision, according to the suit, left RDG II's $70 million loss "complete and irrevocable." The suit alleges legal malpractice and breach of fiduciary duty by Baker Donelson and conspiracy by Gilley.

The suit alleges Gilley comingled funds with other business interests. Gilley is serving a prison sentence in Atlanta resulting from a guilty plea after being charged with bribing legislators in an attempt to influence the passage of a pro-gambling bill in the Alabama Legislature.

I know Eugene Podesta. If the court room was a classroom, Eugene Podesta would be known as the classroom cheater.

If the court room were a playground, we’d dub Podesta as the class bully. Podesta intentionally violates written and unwritten rules of the litigation process to improperly influence parties, witnesses, and especially judges.

I had a case where my client sued Podesta’s client for legal malpractice. At one point in the process, Gene was required by the court to inform me of previous proceedings (where Gene Podesta apparently spoke at length to the judge ex parte).

Eugene Podesta failed to inform me of the details of the “meeting” as required by the judge.

Eugene Podesta then manipulated the court into ruling on his summary judgment motion without any hearing through unprofessional and unethical behavior. Gene Podesta told me he would withdraw the motion and a proposed order he had filed when I filed an affidavit (which was the basis for his Summary Judgment Motion). Once filed, Podesta again untruthfully represented that he would withdraw the motion and order. You guessed it, Gene did not withdraw the motion or order which was essentially signed by the judge as being unopposed.

We were astonished when we learned months later that the judge had signed the order dismissing the case.

Gene said it was a case of “miscommunication,” which was absolute BS. Eugene Podesta cheats! He violates rules of civil procedure, local rules, and professional ethics. Podesta is the bully in the playground.

After intentionally tripping you he tells the teacher (judge) it was just an accident to avoid punishment.