Litigation and Dispute Resolution
- Litigation and Dispute Resolution
We win high-risk cases in claims spanning the entire spectrum of business litigation. With more than 50 experienced attorneys in our litigation practice, we bring the resources that are necessary to prevail in any matter. We regularly represent both defendants and plaintiffs in state, federal and appellate courts across the country and have tried hundreds of cases to successful verdicts on virtually every type of claim.
While we are always prepared to go to trial, we recognize that often the best resolution is to avoid litigation or quickly resolve disputes at the outset. Working with our corporate attorneys, many of whom served as general counsel at major corporations and are experienced at applying cost/benefit analyses to litigation, we often craft settlements before disagreements escalate into costly court battles. Some of our best work is designed to keep you out of trial, through negotiations, alternative dispute resolution, and summary judgment, as well as the pursuit of injunctions, declaratory judgments and other creative forms of relief.
Directed investigations into potential professional liability claims associated with the failures of four state-chartered banks in Georgia from 2006 to 2014. The investigations included examination of the conduct of bank directors, officers, lawyers, accountants, appraisers, engineers, architects, and other professionals, as well as the assertion of claims in connection with bankers’ bonds. Claims against directors and officers in two of the matters ...
Led team defending EMS in arbitration in which claimant sought in excess of $40 million for alleged breach of representations and warranties in connection with its acquisition of a division of EMS. After a two-week hearing, the Arbitrator found for EMS on one of the products in issue and awarded only a fraction of the damages alleged by claimant on the other two products.
Represented Atlanta Public Schools in favorably resolving a class action brought by the ACLU that raised federal and state constitutional and statutory claims with respect to the adequacy of education, procedures for assigning and disciplining students, and search practices at alternative high school.
Represents citizens in numerous judicial challenges to an attempt by Paulding County and outside investor groups to expand the Paulding County Airport to include commercial passenger service in competition with Atlanta Hartsfield Jackson Airport. Lawsuits include challenges to funding of the airport, open meeting violations, violations of Federal Aviation Administration procedures (representation as co-counsel), injunction hearings and Georgia ...
Recovered $2.4 million from MARTA for the attack and kidnapping of a patron from a MARTA parking deck.
Represented the liquidating trust of a bankrupt Real Estate Investment Trust based in Las Vegas, Nevada, in suing the former directors and officers of the REIT (and other parties) for breaches of fiduciary duty and negligence in the United States District Court for the District of Nevada and for avoidance and recovery of preferential and fraudulent transfers in the United States Bankruptcy Court in the same district from 2012 to 2014. The firm filed three ...
Defended termite service provider in state court actions in Florida, Georgia, Tennessee, and South Carolina involving allegations of consumer fraud and violations of state consumer protection statutes. Successes include defeat on appeal of class certification in consumer class action asserting claims of consumer fraud and violations of Georgia Deceptive Trade Practices Act.
Led defense of claims of misappropriation of trade secrets and breach of loyalty in connection with departure of group of employees and establishment of competitive business. The parties reached a confidential settlement. Wells Fargo Foothill, Inc. v. Cratos Capital Partners, LLC.
Obtained dismissal with prejudice from court in premises liability case in which plaintiff’s experts alleged $15 million in long-term medical needs.
Representing Cordelia Lighting, a provider of lighting fixtures and accessories, in defense of a patent infringement action brought by a competitor involving multiple patents relating to recessed, LED lights. Cooper Lighting, LLC v. Cordelia Lighting, Inc.
- Counsel to distillery and bottle designer in defense of action alleging breach of contract and design patent infringement
Led defense of Fusion Glassworks, a custom glass designer, and Private Label Distillery, a provider of distillery services, in litigation brought in California involving alleged design patent infringement. Successfully obtained early dismissal for our clients. Gillespie v. Prestige Royal Liquors, et. al.
Counsel to UBU Sports and Maumee Bay Turf Center, premier providers of synthetic turf systems for use in a variety of sporting events, in patent dispute brought by a competitor. Sprinturf, LLC v. UBU Sports and Maumee Bay.
- Led defense of patent infringement suit brought by patent troll relating to check scanning and processing
Represented VeriCheck, Inc., a leading ACH payment processor, in E.D. Texas litigation against a patent troll. As part of our defensive strategy, we prepared and filed a petition with the USPTO for Covered Business Method review and argued that the asserted patent claims were invalid under Section 101 for being directed to patent ineligible subject matter. The parties reached a confidential settlement shortly after the CBM petition was filed. Lyssa ...
Represented an individual accused of misappropriating trade secrets and confidential information from a former employer. Engaged in extended negotiations with the plaintiff's counsel and ultimately reached a favorable settlement for our client.
Amanda Hyland represents Bankrate, a publisher, aggregator, and distributor of personal finance content on the Internet that provides aggregated financial data and consumer financial news and editorial content to more than 500 national publications. She provides day-to-day outside counsel on matters of media, advertising, and intellectual property to Bankrate and its affiliates, which include creditcards.com, Wallaby, Interest.com ...
Amanda Hyland represented a Denver liquor distillery in trademark and rights of publicity claims arising from a dispute between Jimi Hendrix’s heirs and other family as to the right to use the term “Purple Haze.” Ms. Hyland obtained a full dismissal of claims against the distillery.
Represented production company in intellectual property matters, including the negotiation of the full transfer to our client of all copyright in screenplays for a television series.
- Policyholder general contractor and engineering firm defective construction claims dispute in North Carolina, claims exceeded $2 million
Lead counsel on behalf of policyholders, a general contractor and an engineering firm, in connection with claims of defective construction at a $70 million distribution warehouse in the State of North Carolina. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims exceeded $2 million.
Lead counsel on behalf of policyholder in litigation with E&O carrier over coverage for design allegations made in connection with claims of faulty construction at a $70 million distribution warehouse in the State of North Carolina.
- Policyholder dispute involving defective construction claims at a $20 million distribution warehouse in Oregon
Lead counsel on behalf of policyholder in connection with claims of defective construction at a $20 million distribution warehouse in the State of Oregon. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims at issue exceeded $2 million.
Lead counsel on behalf of policyholders in connection with claims against carriers for coverage under disability policies.
Lead counsel on behalf of policyholder in connection with denial of benefits under accidental death insurance policy.
Lead coverage counsel on behalf of governmental entity in connection with coverage of multi-million dollar discrimination claims alleged by current and former employees.
Represented policyholder under E&O policy in connection with alleged failure of insurance professional to properly report and handle claim on behalf of insured claimant. The claims at issue exceeded $2 million.
Represented policyholder under life insurance policy in face amount of $1 million. Following denial of insurer’s motion for summary judgment, obtained favorable settlement at mediation.
- Policyholder insurance coverage for asbestos claims involving primary and excess policies of more than $100 million
Lead counsel on behalf of policyholder in connection with insurance coverage for asbestos claims. Claims involved primary and excess policies in excess of $100 million. Obtained favorable ruling on summary judgment.
- Policyholder insurance and indemnity claims exceeding $14 million, arising from the construction of a distribution warehouse in Pennsylvania
Lead counsel on behalf of policyholder in connection with insurance and indemnity claims arising from the construction of a distribution warehouse in the State of Pennsylvania. Dispute involved pursuit of subcontractors and their insurers for defense and indemnity with litigation in three states. The claims at issue exceeded $14 million.
Lead counsel on behalf of policyholder in connection with multi-million dollar D&O insurance claims arising from civil suit against officers and directors involving fraud, negligence and breach of contract claims. The matter also involved criminal allegations.
- Policyholder general liability carrier for general contractor and general liability carrier for numerous subcontractors dispute, alleging defective construction at a warehouse distribution facility in Texas
Lead counsel on behalf of policyholder in connection with litigation arising from alleged defective construction at a warehouse distribution facility in the State of Texas. Dispute involved general liability carrier for general contractor and general liability carrier for numerous subcontractors. The claims at issue exceeded $4 million.
- Policyholder dispute with claims of defective construction at a manufacturing plant in Alabama, in excess of $1 million
Lead counsel on behalf of policyholder, a general contractor, in connection with claims of defective construction at a manufacturing plant in the State of Alabama. Dispute involved claims in excess of $1 million that resulted in litigation with subcontractors and their general liability insurers as well as dispute with general contractor's general liability insurer.
Lead counsel on behalf of policyholder, a manufacturer, in connection with coverage litigation related to a consumer class action pending and numerous national retailers in the State of Illinois. Dispute involved litigation with general liability carrier for manufacturer. The claims at issue exceed $1 million.
- Defense of international consumer product manufacturer in suit alleging patent and trade dress infringement
Led defense of Georgia-based company in patent and trade dress litigation involving a consumer product. After initial aggressive discovery and a mediation, we achieved a favorable settlement for the client.
Led the defense against an inventor/patentee in a case involving claims of infringement of a patent related to a boat dock ladder. Successfully petitioned the USPTO to reexamine the asserted patents—resulting in cancellation of all claims of one patent and significant narrowing amendments to the remaining patent’s claims. After a favorable claim construction ruling from the Special Master, the case was dismissed with prejudice, with no payments from ...
- Defense of patent infringement claims asserted by patent troll ICH Intellectual Capital Holdings, Inc.
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, ICH Intellectual Capital Holdings, Inc., for infringement of patents related to automated meter reading technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. ICH Intellectual Capital Holdings, Inc. v. Badger Meter, Inc., et. al.
- Brought patent infringement action against Datamatic Ltd. for Advanced Metering Infrastructure (AMI) systems
Represented Mueller Water Products, Inc. in action against Datamatic Ltd. alleging patent infringement of Mueller’s patents for technology relating to Advanced Metering Infrastructure (AMI) systems. Negotiated a favorable settlement with defendant. Mueller International, LLC et al v. Datamatic Ltd.
Led the defense of generic pharmaceutical company in a case involving allegations of false advertising and infringement of a patent related to prenatal vitamins and iron supplements. The parties reached a confidential settlement right before trial.
- Represented Mueller Water Products in declaratory judgment actions involving patents and alleged trade secrets
Represented Mueller Water Products, Inc. in suits for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by defendant, non-misappropriation of the defendants’ alleged trade secrets, and validity, inventorship, and ownership of client’s patent. Mueller Systems, LLC et al v. Teti et al.
Represented several outdoor advertising companies in actions brought by a patent troll, T-Rex Property AB, for infringement of patents related to digital advertising technology. The parties reached a confidential settlement.
Currently representing Mueller Water Products, Inc. in a suit for declaratory judgments of non-infringement and invalidity of competitor’s patents relating to pipe couplings. Successfully deferred litigation after filing reexamination requests, which were granted by the USPTO. Mueller Water Products, Inc. et al v. Victaulic Company.
- Successful defense of various distributors in patent infringement actions relating to pipe couplings
Successfully transferred, deferred, or achieved dismissal of numerous patent infringement suits brought against a client’s distributors in favor of declaratory judgment suit filed by the client, the product manufacturer.
Won a significant jury verdict in the Northern District of Georgia under the Anti-Cybersquatting Consumer Protection Act (ACCPA) for a national provider of industrial and commercial waste and recycling solutions. The jury awarded full statutory damages, and the Court later awarded $185,000 in attorneys' fees to our client. The jury award and the attorney’s fee award were upheld on appeal to the 11th Circuit Court of Appeals.
Obtained consent injunctions in cases pending throughout Southeastern United States. Ceased the importation and sales activities of nearly one dozen gray market Yanmar tractor importers.
Resolved several cases in which client, a national gift and home goods manufacturer, asserted trade dress and design patent infringement claims against competitors. The cases involved the popular cylindrical packaging for wine glasses.
- Current representation of Mueller Co. in unfair competition and false advertising case involving fire hydrants
Currently representing Mueller Co. in case against competitor pending in Massachusetts. The case involves claims of unfair competition and defamation relating to the sale of fire hydrants.
Represented a national athletic goods manufacturer in case defending the client's trademark registration in the color blue for tennis grip tape. Achieved favorable ruling from bench trial in the Northern District of Georgia in which the court upheld our client's trademark registration.
In a case involving allegations of copyright infringement of interior design portfolio photographs and related defamation claims, we achieved a settlement for our client, Meg Adams Interior Design, Inc.
Defended and achieved settlement in copyright infringement lawsuit brought in the Northern District of Georgia by a former employee of our client, a video production company. The former employee claimed to own the copyright in the commercials produced by our client.
Initiated and resolved trademark litigation for GradSave, a college savings plan company. The lawsuit, filed in the Southern District of Florida, asserted claims for trademark infringement against another web company using the mark “GradSaver.” The matter was settled confidentially.
- Current representation of major coatings company in defense of trademark, trade secret, defamation, and other claims
Currently representing Gulf Synthetics in an action brought by former business partner and his new company claiming trademark infringement, defamation and trade secret misappropriation relating to the deck coatings business.
Achieved successful resolution of lawsuit involving copying of clients' "ABC’s of Life" poem, which was reproduced without permission on posters and plaques.
Achieved prompt and full dismissal of all claims against publishing company relating to a contractual dispute with advertiser. Following the filing of our motion to dismiss, the plaintiff dismissed the action in the Northern District of Georgia.
Achieved voluntary dismissal with prejudice of libel case against FOX 5 reporter by persuading plaintiff that sanctions and attorney's fees would be mandated under Georgia's anti-SLAPP statute.
- Successful defense of copyright and trade secret claims against client accused of improperly accessing software in check processing equipment
Represented Symco Group, Inc., a company that serviced check processing equipment, in a copyright infringement and trade secret action in the Northern District of California. The plaintiff alleged that Symco, as part of its regular servicing process, was improperly accessing the plaintiff’s software and therefore violating its copyrights in the software source code that was embedded in the check processing equipment. Following the court’s dismissal of ...
Achieved favorable settlement for client defending claims of copyright infringement for medical billing software.
- Successfully resolved copyright infringement claims brought by photographer against book publishing client
Defended, and successfully settled, copyright infringement lawsuit brought against book publisher client that had used plaintiff’s photograph in book.
Upon receipt of an anti-SLAPP notice, Plaintiff voluntarily dismissed its defamation complaint, which sought damages relating to FOX 5's investigative reporting regarding health conditions occurring at the Plaintiff's eyebrow-waxing business.
A Qui Tam Plaintiff (client) brought an action on behalf of the City in the Circuit Court of Hamilton County (Chattanooga) under the Tennessee False Claims Act, alleging a pattern of persistent overbilling of the City by the electric power board which was in some respect associated with the city. The amounts at stake include approximately $20 million over approximately 20 years, and an estimated $9 million during the last 10 years. The damages are subject to ...
Success in obtaining entry of an order in a shareholder battle for control of family owned corporations (1) granting interlocutory injunction, (2) granting clients’ motion for appointment of a receiver based on demonstrated deadlock among the corporate officers and directors, and (3) granting motion for citation of contempt based on failure of opponent shareholders/directors to comply with the interlocutory injunction order.
Won appeal to the Court of Appeals of Georgia on premises liability matter for national retail grocery chain.
Successfully defended a textile company and its employee in a negligence action arising from a multi-vehicle accident. A diligent and thorough investigation resulted in a negotiated settlement of one-sixth of the initial demand.
Obtained dismissals in favor of defendants in several cases involving alcohol retailers who had been sued for providing alcohol to minors or to individuals who were intoxicated.
Represented national retail grocery chain in premises liability action brought by a customer for injuries allegedly sustained while on the premises. A background check and multiple open records requests uncovered nearly 100 criminal convictions that the plaintiff had not disclosed in discovery and these were used to negotiate a settlement for a fraction of the amount originally demanded.
Obtained summary judgment in favor of defendants in case where plaintiff sought more than $100 million in damages as a result of alleged mismanagement of corporate assets, conspiracy and breach of fiduciary duty.
Obtained dismissal of multiple environmental citations issued to a local restaurant and its owner.
Recovered a multimillion-dollar confidential settlement for a waitress who was rendered a quadriplegic due to a defective road condition that forced her vehicle into oncoming traffic.
Obtained judgment, including attorney’s fees, against an automotive business in an action arising out of a breach of a loan agreement.
Recovered settlement of $800,000 against one party and won verdict of $1.25 million against accountant/attorney who served as a trustee for fraud and breach of fiduciary duty. Trustee improperly paid $800,000 to one beneficiary and misappropriated an additional $180,000 for his own personal benefit.
Recovered verdict of $1 million from MARTA for the attack on a patron in a MARTA station.
Obtained defense verdict in lawsuit against alcohol retailer whose employee sold alcohol to a minor, in which the minor then was involved in a car accident, killing the other individual in the vehicle.
Led team serving as regional and national coordinating counsel for a major national termite and pest control service provider, defending the company in cases involving claims for personal injury and property damages arising out of alleged pesticide exposures.
Appeared as lead counsel in multiple jurisdictions, handling all aspects of the company’s defense, from selection and management of local counsel, through discovery, dispositive motions ...
Obtained six-figure jury verdict against individual defendants and a country club on claims of defamation, harassment, breach of fiduciary duty, and conspiracy based in part on successful investigation and presentation of defendants’ spoliation.
Arbitration ruling in favor of plaintiff for construction company. Obtained plaintiff’s verdict of $640,000.
Defeated certification of putative national consumer class action against carpet manufacturer involving claims of personal injury and violation of various state unfair and deceptive trade practices statutes (UDTPA) arising out of sale of new carpet that emitted allegedly harmful levels of volatile organic compounds (VOCs).
Obtained six-figure jury verdict on behalf of plaintiff against multiple defendants in real estate fraud case.
Defended a lawsuit on behalf of specialty shoe company by former franchisee. $500,000 demand awarded.
Grady was sued by former patient for battery and false imprisonment. The former patient demanded $5 million and the jury awarded defense verdict on all claims.
Defended national truck and trailer rental company in accident litigation involving allegations of negligence, product liability, and negligent entrustment. Served as lead counsel defending the company and its employees in numerous matters and conducted pre‐litigation investigations, evaluations and negotiations. Successful outcomes included leading the investigation and defense of five wrongful death actions arising out of a catastrophic single ...
Led team that developed and implemented a national discovery counsel program for a major national retailer for its general liability claims, including premises liability and product liability claims. The program resulted in improvements in consistency and efficiency of discovery responses, improved litigation outcomes, and overall litigation cost reduction.
Obtained $1.1 million judgment in securities fraud litigation.
Defense of pharmaceutical liability and medical device litigation involving contraceptives, medicines for treatment and prevention of bone loss, blood thinners, cholesterol reduction medicines, anti‐depressants, and latex gloves. Examples of experience include: obtaining orders excluding opposing expert opinions and granting summary judgment; development and coordination of expert witness testimony in Multi-District Litigation; serving on ...
Won motion to dismiss and defeated appeal over plaintiff’s attempt to negate a venue selection clause based on strong Illinois public policy.
- Achieved favorable outcome for medical device company defending patent infringement and false marking claims
Represented Byrne Medical in patent infringement and false marking case relating to endoscopic devices. Negotiated favorable confidential settlement.
Represented Mueller Water Products, Inc. in action against Singer Valve, Inc. and Singer Valve, LLC alleging patent infringement of Mueller’s patent for an apparatus for the enhancement of water quality in a subterranean pressurized water distribution system. Negotiated a favorable settlement with defendants. Mueller Water Products, Inc. v. Singer Valve, Inc. and Singer Valve, LLC.
- Counsel to Georgia-based manufacturer of expanded metals for HVAC filters in declaratory judgment action involving competitor’s patent
Represented Expanded Technologies, a leading manufacturer of expanded metals for the HVAC filter industry, in a suit for declaratory judgments of non-infringement, invalidity and unenforceability of patent held by competitor. The litigation resulted in in a favorable confidential settlement. Expanded Technologies, Inc. v. Wallner Tooling/Expac, Inc.
Successfully defended non-profit advocacy group against claim that it did not own rights to its name and that it had defamed a former director. Jury found that "Tea Party Patriots" trademark did not belong to former board member and restored all rights to the mark. The defamation claims were dismissed upon motion for directed verdict.
- Dismissals of copyright claims and separate state action for international airline client sued over use of architectural plans
Represented major airline in claims brought by former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.
Served on defense team for licensor of the Cabbage Patch Kids, in lawsuit brought by former independent contractor for breach of contract, who sought millions of dollars in damages. After a two-week jury trial and subsequent appeal to the Eleventh Circuit, prevailed on all claims brought by plaintiff as well as on a counterclaim, resulting in damages owed and paid to our client.
Led defense of patent infringement case involving claimed method to detect autism by analyzing bodily fluids. After we filed two motions for summary judgment, the parties reached a confidential settlement. Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory
Defended educational products company in lawsuit alleging infringement of copyrights in cards for assistance with speech therapy. The court granted our motion for summary judgment, finding that there was no infringement of any copyright in the selection and arrangement of Plaintiff’s cards as a matter of law. Ristuccia v. Super Duper, Inc.
Represented leading carpet manufacturer and a subsidiary in defending a large trade secret case involving a method for manufacturing carpet cores from recycled materials. The parties reached a confidential settlement right before trial.
- Achieved dismissal of patent claim and successful resolution of remaining claims in case involving SEC compliance information
Led defense of case involving allegations of patent infringement and related claims based on a method of mapping SEC compliance information into a usable format. We obtained a dismissal of the patent infringement claim and then reached a confidential settlement on the related claims. NewRiver, Inc. v. Prospectus Central, LLC.
Handling the defense of a case for Comverge, Inc. in which the plaintiff, a non-practicing entity, has claimed that Comverge has infringed certain claims of a patent related to premises-monitoring technology. The case is presently in its early stages. Joao Control & Monitoring Systems v. Comverge, Inc.
Led defense of Mueller Water Products, Inc. in a case brought by a non-practicing entity, Endeavor MeshTech, for infringement of a patent related to premises-monitoring technology. The client reached a favorable confidential settlement with the plaintiff and the case has been dismissed. Endeavor MeshTech, LLC v. Mueller Water Products.
Led the defense of H-E Parts against ESCO Corporation in a case involving allegations of trademark infringement and infringement of a patent related to excavator teeth on heavy equipment. We negotiated a favorable settlement with plaintiff. Esco Corporation v. H-E Parts et al.
Led the defense of Royal Metal against an inventor/patentee in a case involving claims of infringement of a patent related to industrial package assemblies. We negotiated a favorable settlement with plaintiff. Gray v. Royal Metal et al.
Handled two cases for separate defendants, Ascendx Spine and Sintea Plustek, LLC, in the District of Delaware. Both cases were brought by Orthophoenix, LLC, a non-practicing entity, and involved claims of infringement of certain patents involving medical device technology. The parties in both cases reached confidential settlements. Orthophoenix, LLC v. Ascendx Spine; Orthophoenix, LLC v. Sintea Plustek.
Handled the defense of Allure Global in a case brought by a non-practicing entity, Activelight, Inc., involving allegations of infringement of patents related to digital signage. The parties reached a confidential settlement. Activelight, Inc. v. Allure Global, et al.
Led defense of third-party claims for defense and indemnification in patent infringement case involving technology designed to obscure credit card numbers on receipts. The parties reached a confidential settlement. Ware v. Genesco v. Micros Systems, Inc. and Datavantage Corporation.
- Successful defense of Comverge, Inc. in patent infringement action relating to energy usage management
At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a one-month period, amend the complaint to allege ...
Handled the defense of Expression Beauty Works in a case involving claims of infringement of a patent related to crackle nail polish. Negotiated a favorable settlement with plaintiff. Kirker Enterprises v. Expression Beauty Works.
Provided counsel to Bernie Bilski and Rand Warsaw in conjunction with the landmark U.S. Supreme Court case Bilski v. Kappos.
Represented HD Supply in defending claims of breach of licensing agreement with software provider. Obtained quick dismissal of the case with prejudice. Appsense, Ltd. v. HD Supply Construction Supply, Ltd.
Prevailed on summary judgment (affirmed on appeal by the Eleventh Circuit) on behalf of American Express in major copyright infringement action involving maps of Atlanta in a dining guide. Crownfire Publications v. American Express.
After two-week jury trial in federal court in Atlanta, won a multi million-dollar verdict, including attorneys’ fees, on behalf of plaintiff (a company involved in 3-D imaging technology) for its failed acquisition by defendant. ND3D, B.V. v. Image Technology International, Inc.
Successfully defended a private school against claims by the United States Department of Labor that its vocational program violated child labor laws. The favorable opinion from the Sixth Circuit Court of Appeals established precedent for all similar schools in the four-state circuit.
Managing attorney for $2 billion claim on insurance policy for environmental reclamation costs by national railroad company for 35 sites in more than 15 states.
Defense of day care centers throughout Georgia in licensing and general litigation matters.
Successful defense of camps and day care centers against personal injury claims, including claims of sexual assault against children in care.
Legal advice for camps, day care centers, private schools, and mentoring groups in matters including mandated reporting requirements, employment issues, corporate matters, and state licensing rules.
Successfully defended manufacturing company executives and management employees in lawsuit brought by former employee for wrongful termination, intentional infliction of emotional distress, and other tort claims. Obtained dismissal of all claims.
Achieved favorable confidential settlement at mediation on behalf of healthcare provider resolving litigation concerning race and national origin discrimination and retaliation claims in the Northern District of Georgia.
Obtained multiple temporary restraining orders in Georgia Superior Court on behalf of regional financial services firm, enforcing non-solicitation covenants of departing financial advisors and other executives who went to work for industry competitors.
Represented publicly-traded provider of enterprise workforce management hardware, software, and services in contractual claims against licensed reseller. Negotiated favorable confidential resolution of dispute prior to arbitration, which included reseller’s cease and desist of use of client’s products.
Defended a Chinese manufacturer in a counterfeiting and trade dress claim. Client was awarded attorneys’ fees in excess of $300,000.
Defended mortgage corporation against wrongful foreclosure and breach of contract claim. Client received an award of attorneys’ fees in excess of $30,000.
Suit by purchaser of computer equipment from Radio Shack. Plaintiff complained that the computer he purchased did not perform as advertised, thereby adversely affecting his business because, as he said, he could not perform spreadsheets. Directed verdict in favor for Tandy Corporation following two days of trial.
Co-defense counsel in case brought by family brought suit against Orkin, alleging exposure to chlordane and heptachlor, two termiticides in wide use at the time of trial. Directed verdict in favor of Orkin, after nearly two weeks of trial.
Family brought suit against Orkin in Alabama state court, alleging exposure to termiticides chlordane and helptachlor. Defense verdict in favor of Orkin after one week trial. Served as co-defense counsel.
Plaintiff alleged overspray exposure to pesticides while working in construction on a hotel in Palm Beach Gardens, Florida. Case settled on extremely favorable terms after discovery of plaintiff in West Virginia, his home state, showed no ill or lingering effects of exposure.
FAA alleged shipment of solvent, not properly identified. After preparation for hearing before NTSB, matter settled for favorable terms.
Premises liability case against pediatrics practice involving allegations of magazine racks falling and causing neurological damage on 17-year-old boy. Following a week-long trial, jury delivered a defense verdict in 19 minutes.
Case brought on behalf of against insurance company for failure to apply proper “trigger of coverage” for amounts of available coverage, which, before suit, had severely and adversely affected insurance coverage available. In a case of first impression, summary judgment granted on behalf of Arrow, finding “continuous trigger” was in effect, thereby impacting insurance coverage from 1984–2009.
Property owner brought action against pest control operator alleging termite damage to his house, of which he should have been made aware and, he alleged, should have been repaired. Directed verdict granted in favor of Guardian Pest Control.
Plaintiff brought suit alleging property damage resulting from faulty inspection and treatment. During trial, plaintiff dismissed their complaint before motion for directed verdict could be ruled upon (law is now changed so that dismissal as a matter of right, which happened in this case, cannot be had once the first witness is sworn).
Plaintiff brought suit against exterminator alleging property damage, caused by termites, to her home. Plaintiff claimed more than $150,000 in actual damages, and punitive damages. Jury verdict for $19,000 after a four day trial.
Served as co-counsel on restrictive covenant matter, where former Orkin termite technician was servicing his former Orkin customers for his new employer, in violation of his non-compete agreement. In the first case to uphold a restrictive covenant in Georgia in almost 20 years, the Supreme Court of Georgia upheld the restrictions as being reasonable as to time and territory, and affirmed the grant of an injunction entered by the trial court. Co-prosecuting ...
Fire loss, allegedly caused by washing machine which caught on fire after hours, resulting in substantial damage to a large orthopedics practice. Matter settled for confidential amount, covering entire loss.
Plaintiff brought suit without attaching professional malpractice affidavit, which at that time included pest control operators. Trial court granted motion for summary judgment, which was affirmed by the Georgia Court of Appeals.
Successfully represented Georgia DOT in its claims against contractor and in defense of counterclaims in trial courts and on appeal. Litigation over faulty construction of highways; involved complex analysis of chemical testing and accounting data.
Represented plaintiff in suit arising out of cost overruns on $100 million boiler project due to faulty construction drawings. Interviewed witnesses, reviewed documents, drafted motions and briefs, successfully argued against motion for partial summary judgment, assisted at trial, co-wrote post-trial and appellate briefs. Verdict for client in the amount of more than $4.6 million. United States Curt of Appeals for the Fourth Circuit affirmed judgment and ...
Defended four Waste Management companies against claims of several hundred plaintiffs arising out of allegedly contaminated well water from adjacent dump site. Supervised discovery, wrote briefs, prepared fact witnesses for deposition and defended depositions, selected expert witnesses and defended at depositions, and took expert and plaintiff depositions. Case settled at close of discovery.
Claims of more than 500 individuals and businesses for personal injuries and property damage arising from exposure to dioxin. Took plaintiff depositions, selected and prepared expert witnesses, assisted at wrongful death trial, and general research and briefing.
Represented a large federal government contractor in a dispute against the surety of a defaulted grading subcontractor. The grading subcontractor had already been paid nearly 90 percent of the contract amount when the contractor had to terminate the grading subcontractor. The work was so defective that the contractor incurred costs exceeding the original contract in completing the work. After a two year arbitration, achieved an award against the surety for ...
Represented a grading contractor in a dispute involving the construction of a cemetery on behalf of the Veterans Administration in Puerto Rico.
Defended HomeBanc, and its former CEO, in Wage-Hour collective actions in Georgia and Florida federal courts seeking to treat mortgage loan officers as non-exempt and thereby entitled to overtime pay. All were settled very inexpensively.
Co-counsel in federal lawsuit seeking redress against the IRS and individual defendants for unconstitutional viewpoint discrimination against non-profit educational and advocacy groups.
Representing a large, international aircraft parts manufacturer in complex property tax dispute.
Representing one of the world's largest religious organizations in an unprecedented sales and use tax case.
Represented defendants in a large case involving claims for tortious interference, breach of restrictive covenants, and unjust enrichment in connection with the importation and sale of industrial yarn. After extensive discovery and our filing of a lengthy motion for summary judgment, the parties reached a confidential settlement.
Represented defendant accounting firm on claim of accounting malpractice. Obtained dismissal of case before discovery, and case was never re-filed.
Represented HD Supply in defending claims of breach of lease and in asserting counterclaims for money had and received and related claims. The parties reached a confidential settlement.
Client Bill Wilkinson worked with Mick Ramunno at Renaissance Asset Management, where Mr. Ramunno traded a commodity investment pool on behalf of investors. During an audit by the National Futures Association, Ramunno admitted that the operation was a Ponzi scheme. Over the next several months, Mr. Leonard guided Mr. Wilkinson through investigations by the Commodities Futures Trading Commission (which sued Mr. Ramunno and Renaissance for commodities fraud ...
Represented international oil company in substantial condemnation dispute. Achieved multimillion-dollar settlement over 10 times higher than state’s initial offer.
Represented national insurance company in putative nationwide class action alleging overcharge of insurance premiums. Class certification denied and case dismissed.
Lead counsel for United States manufacturer in international arbitration tried to verdict in New York under foreign law. Favorable verdict for client with arbitrator fees assessed against adverse party.
Established comprehensive and lucrative system for regional equipment lessor to enforce lease and service contracts.
Bench trial results in judgment on professional negligence and Georgia civil Racketeer Influenced and Corrupt Organizations Act through a non-jury trial in US District Court of North Georgia. Successfully obtained judgment.
Represented alleged debt collectors in defeating a federal Fair Debt Collection Practices Act, Georgia Fair Business Practices Act, and Georgia Unfair or Deceptive Practices Toward the Elderly Act lawsuit on a motion to dismiss for failure to state a claim in federal district court and on appeal in a Per Curiam Affirmed decision by the Eleventh Circuit Court of Appeals.
Represented alleged debt collector in defeating a federal Fair Debt Collection Practices Act claim on a motion to dismiss for failure to state a claim in federal district court.
Advised companies regarding compliance with the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), Georgia Fair Business Practices Act (FBPA) and Florida Consumer Collection Practices Act (FCCPA).
Represented individual real estate broker and company and assisted in nonbinding arbitration resulting in a defense verdict of a residential real estate dispute involving allegations of fraud and breach of duty.
Obtained summary judgment in a lawsuit involving breach of promissory notes and obtained satisfactory result for client through post judgment collection efforts.
Initiated effort which ultimately led to the Florida Legislature striking the derogatory term "shylock" from the usury laws of the Florida Statutes.
Successfully resolved hybrid wage and hour collective/class action brought by managers of national coffee store company who alleged that they were misclassified as exempt.
Represented the Federal Deposit Insurance Corporation, as Receiver for Silverton Bank (FDIC-R), in three separate federal court actions against borrowers and guarantors who defaulted on loans made by Silverton Bank, which failed in 2009. In each of the three cases, summary judgment was granted to the FDIC-R on its claims for breach of contract, interest, and attorneys’ fees in the aggregate amount of more than $10 million. The rulings in these lawsuits confirm ...
Defeated a putative class action in California by agents of national financial services company by successfully moving to compel individual arbitrations in Georgia.
Defeated class certification by current and former students at national for-profit university who alleged various state law tort claims.
Won jury verdict for large privately held company in dispute over the terms and conditions of the lease for its corporate headquarters.
Our representation of financial institutions include representing financial institutions who purchased assets from the FDIC. Taylor English routinely files suit on behalf of the purchasing bank and against borrowers on loans made by the defunct financial institution. In a particular litigation, the borrower argued summary judgment was improper because the terms of the Loss Share Agreement, not discovered, was relevant to establishing the purchasing ...
A widow living out of state contacted Taylor English seeking representation against a Georgia limited liability company for repayment of a business loan. The widow’s husband who had loaned the funds to the business passed unexpectedly. The only evidence of the loan was a personal check from the deceased to the business. Although the widow had been previously told the oral agreement was unenforceable, we were able to recover most of the loan proceeds in a ...
After representing a client corporation in the sale of its stock in a target company to a purchaser, collateralized by the target company’s stock, a default occurred. The client suspected the purchaser was draining the assets of the target company and filed suit against the purchaser for an accounting. The accounting revealed extension siphoning of assets of the target company by the purchaser. Pursuant to the terms of the stock purchase agreement, the ...
Our client, an art dealer, hired a third-party to install art pieces in a hotel. The installation went poorly and the client had to tear out the work and re-install the art. The third-party installer sued the client for non-payment. The client successfully defended against all claims of the third-party and recovered all the expenses it incurred repairing and re-doing the work of the third-party.
Our client, a financial institution, sought to recover from a borrower for an unpaid loan. The borrower denied liability and brought a claim for fraudulent inducement, fraudulent misrepresentation, and intentional infliction of emotional distress. The trial court granted judgment in favor of the financial institution and denied the borrower’s claims. Although it may appear this was a typical breach of contract case, it was unique because the bank was sued ...
Represented AFS Logistics, LLC as the successful bidder to purchase substantially all of the assets of Chapter 11 Debtor Trendset, Inc., in the United States Bankruptcy Court in Spartanburg, South Carolina. We handled this matter responsively and efficiently in one week from engagement to closing, including preparing and submitting the bid, winning the bid in a competitive auction, obtaining Bankruptcy Court approval of the proposed asset purchase, and ...
Obtained a recovery of more than a million dollars for one of the largest ticket brokers in the United States related to the fraudulent sale and exchange of tickets for the Vancouver Winter Olympics.
Obtained summary judgment for employer in defense of claims for breach of contract, fraud, negligence, intentional infliction of emotional distress, civil RICO, and punitive damages. As a result of seeking judgment before trial was even made necessary, client was able to secure a victory, forego the expense of trial, and even obtain its attorney’s fees based on the factually lacking allegations asserted.
Successfully moved for summary judgment in favor of employer against disgruntled ex-employee for claims related to intentional infliction of emotional distress. By aggressively defending claim, and refusing to be held hostage to the claims asserted, client was able to obtain victory before trial was made necessary and was awarded more than $100,000 in attorney’s fees in so doing.
After obtaining favorable result on behalf of one of the nation’s largest grocery chains, the plaintiff attempted to back out of the agreement. Client was not only able to enforce the terms and conditions of the agreed upon settlement, but was also awarded all of its attorney’s fees and costs incurred in so doing.
Resolved breach of contract, corporate veil liability and fraud claims.
- September 27, 2016
- "A Pending Bill Would Prohibit Retribution for Negative TripAdvisor and Yelp Reviews," The Washington PostSeptember 23, 2016
- September 16, 2016
- September 13, 2016
- August 24, 2016
- August 9, 2016
- August 8, 2016
- July 21, 2016
- July 5, 2016
- June 30, 2016
- June 30, 2016
- "Leah Knowlton: Partner in the Environmental and Energy Team at Taylor English Duma," Atlanta Business ChronicleJune 30, 2016
- June 30, 2016
- June 22, 2016
- June 17, 2016
- June 15, 2016
- June 3, 2016
- June 3, 2016
- June 3, 2016
- "Taylor English's Amanda Hyland Recognized Among Up and Coming Lawyers in Georgia," Atlanta Patch, East Cobb Patch, Marietta Patch and Smyrna PatchApril 21, 2016
- March 10, 2016
- "Taylor English Partner Eric Fisher Named Associate Fellow of the Litigation Counsel of America," East Cobb Patch and Marietta Daily JournalMarch 4, 2016
- January 6, 2016
- December 11, 2015
- September 29, 2015
- June 9, 2015
- May 28, 2015
- May 7, 2015
- Taylor English’s Michele Stumpe Featured on Cover of November/December Issue of Simply Buckhead MagazineNovember 6, 2014
- October 1, 2014
- November 25, 2013
- November 20, 2013
- October 14, 2013
- September 30, 2013
- July 9, 2013
- Daily Report article features speakers from Taylor English's October 10th in-house litigation seminarOctober 22, 2012
- Deborah Ausburn and Amanda Hyland Successfully Represent Tea Party Patriots in IP, Trademark Rights CaseNovember 16, 2011
- Atlanta Journal Constitution Highlights Taylor English Class Action Lawsuit on Behalf of BP Oil Spill VictimsApril 21, 2011
- Atlanta Journal Constitution Highlights Taylor English Class Action Lawsuit on Behalf of BP Oil Spill VictimsApril 21, 2011
- WSB News features attorney Henry M. Quillian III on use of Georgia RICO law to recover embezzled assets (video)October 20, 2010
- Marietta Daily Journal Interviews Taylor English Attorney Henry Quillian on use of Georgia RICO Statute to Help Client Recover Embezzled AssetsOctober 16, 2010
- July 19, 2010
- Interviewed in "Arbitration: Why some general counsel have mixed feelings," by S. Mroczkowski, Illinois State Bar Association newsletter on alternative dispute resolutionSeptember 2006
- August 15, 2016
- June 28, 2016
- June 15, 2016
- February 22, 2016
- November 12, 2015
- November 2, 2015
- Taylor English's Alison M. Ballard Selected to Leadership Position with Georgia Appleseed Young Professionals CouncilJuly 1, 2015
- June 8, 2015
- April 28, 2015
- October 30, 2014
- August 7, 2014
- June 14, 2014
- August 28, 2013
- July 14, 2010
- May 12, 2010
- December 18, 2009
- October 26, 2009
- August 19, 2009
- July 31, 2009
- August 12, 2016
- May 4, 2016
- March 31, 2016
- "New Twists: As General Contractor, Are You Protected as an 'Additional Insured?'" American Bar Association’s Construction Law ForumMarch 9, 2016
- March 9, 2016
- "What is the Proper Standard for Enhancing Patent Damages Under Section 284 of the Patent Act?" ABA PreviewFebruary 22, 2016
- January 13, 2016
- October 27, 2015
- "Being Prepared Now for If and When Your Company Is Sued in the United States," The International Comparative Legal Guide To: Product Liability 2014July 18, 2014
- June 25, 2014
- June 10, 2014
- April 7, 2014
- March 7, 2014
- February 21, 2014
- February 7, 2014
- January 29, 2014
- December 20, 2013
- June 17, 2013
- Taylor English Attorney Gardner G. Courson Co-Authored ACC Docket Feature Article "Litametrics: Analytics for Selecting Your Dream Team"April 25, 2013
- July 25, 2016
- May 18, 2016
- May 28, 2015
- September 30, 2014
- July 22, 2014
- Rough Waters Ahead for Defendants Under the Telephone Consumer Protection Act, The Impact of the Eleventh Circuit's Osorio OpinionJune 9, 2014
- April 1, 2014
- Taylor English Annual Litigation Seminar for In-house Counsel | How to Avoid, Minimize and Manage Litigation RiskBuckhead Club, October 13, 2016
- Cobb Chamber of Commerce, May 10, 2016
- October 30, 2013
- "Creatives: Understanding the Business and Legal Side of Your Film Shoot in Georgia," 2016 Savannah Film FestivalSavannah, Ga., October 22-29, 2016
- "Ethics in International Arbitration: How Far Can or Should Soft Law Guidance Go in Flattening the Playing Field Between Counsels From Different Jurisdictions?" Fifth Annual Conference of the Atlanta International Arbitration SocietyAtlanta, Ga., October 10, 2016
- "For Your Consideration," Contract Litigation, Institute of Continuing Legal Education in Georgia SeminarAugust 19, 2016
- April 26, 2016
- "Georgia's Right to Repair Act and What it Means for Your Clients," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- "Bond Claims and the Prompt Pay Act," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- "Insurance for the Project: When it Helps and When it's Worthless," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- "Arbitration: Moving to Compel and Moving to Stay," Construction Law for the General Practitioner, Institute of Continuing Legal Education in Georgia SeminarAtlanta, Ga., April 14, 2016
- Atlanta, Ga., March 9, 2016
- "In-House Counsel's Role in Managing Enterprise Risk With Business Insurance," Strafford CLE WebinarFebruary 24, 2016
- Webinar, "New Differences in E-Discovery Between Georgia, Federal and State Courts," Institute of Continuing Legal Education in GeorgiaFebruary 23, 2016
- "Starting a Lawsuit: The Whys and Wherefores of Required Procedures and Documents," 2016 Beginning Lawyers Program, State Bar of GeorgiaAtlanta, Ga., February 22, 2016
- Atlanta, Ga., November 20, 2015
- Atlanta, Ga., September 29, 2015
- Key West, Fla., August 27, 2015
- Cumming, Ga., June 14, 2015
- "Starting a Lawsuit: The Whys and Wherefores of Required Procedures and Documents," Beginning Lawyers Program, State Bar of GeorgiaFebruary 23, 2015
- "Liability in Slip and Fall Cases," AIG – CEU Institute ProgramAugust 14, 2014
- August 12, 2014
- August 7, 2014
- February 12, 2014
- "An Introduction to International Arbitration: What Every Practitioner in Today's Global Economy Should Know," ATLAS ConferenceApril 19, 2013
Michele L. Stumpe is a seasoned litigator whose practice concentrates on premises liability, business litigation, hospitality and dram shop litigation, as well as alcohol licensing and consulting.
In this Litigation Fundamentals with Henry M. Quillian III, Mr. Quillian speaks on the topic "Proof of Reasonable and Necessary Attorneys' Fees and Expenses."
In this Litigation Fundamentals with Henry M. Quillian III, John K. Rezac leads the discussion on the impact of bankruptcy law on litigation, including the scope of the automatic stay, the power of trustees to upset pre-bankruptcy settlement agreements, tolling of limitation periods and risks faced by attorneys and other professionals providing services prior to and following a client's bankruptcy case.
Jay Bland, VP of Sales and Marketing presents the PeachCourt system and basic training.
In this segment of Henry M. Quillian III's Litigation Fundamentals, guest speaker RoseAnn Annesi speaks on the topic, "Don’t Get a Blank Page and a Big Bill: Getting What You Pay for and Need from Court Reporters."
Henry M. Quillian III focuses on the very preliminary stages of a lawsuit after it has been properly commenced, also known as the Rule 26(f) conference, which leads to the Rule 16(b) planning conference and order.
The Georgia Restaurant Association presented Michele L. Stumpe with the Chairman’s Award at its 7th annual Georgia Restaurant Association Crystal of Excellence (GRACE) Awards on November 10, 2013. The Chairman’s Award honors a single individual in the restaurant industry who has provided extraordinary service to the industry as a whole.
LeeAnn Jones is a trial lawyer with more than 25 years’ experience handling a wide variety of complex litigation matters in federal and state courts and arbitration proceedings.
Henry M. Quillian III discusses how to use mediation as a tool in the midst of litigation or before litigation gets commenced. One topic touched on will be mediation confidentiality, particularly in connection with Advisory Opinion No. 8. Also discussed are topics on strategically using mediation to keep settlement discussions super secret, and things to think about when planning to pursue mediation.
Henry M. Quillian III focuses on Initial Disclosures and discusses avoiding difficulties at the trial when you want to produce evidence, but can’t.
Henry M. Quillian III continues the discussion on the topic of federal rules of civil procedure. When the plaintiff has filed a lawsuit and the defendant has filed a motion in response to the lawsuit, what should the plaintiff and defendant be doing during the time the motion is pending? Watch the video to learn more about responding to preliminary motions in federal court.
Henry M. Quillian III discusses the topic, "Motions for Summary Judgment: Standards, Evidentiary Support, Procedures, Presentation and Purposes."
Henry M. Quillian III discusses how to deal with the unexpected at trial in this edition of Litigation Fundamentals with Henry Quillian.
Henry M. Quillian III discusses federal practice, while using the Northern District of Georgia as the "home base," and speaks about Federal Rules of Civil Procedure and the anomalies we have seen amongst us across the country in various federal courts.
Henry M. Quillian III discusses Voir Dire and the process by which a jury is obtained for a civil jury trial.
Henry M. Quillian III reviews techniques and advice for maintaining the court reporter's record so that you can utilize it throughout the litigation.
When in doubt, read the rules. In this Litigation Fundamentals segment, Henry M. Quillian III concentrates on some of the distinctions between going under the civil practice act and operating in the federal courts under the federal rules of civil procedure both with respect to local rules and with respect to federal rules of civil procedure versus the civil practice act. This is with the goal of not making mistakes in one court or another based on the presumption that something is the same when in fact it is not, and sometimes you have very material differences in the outcome. Donald P. Boyle Jr. makes a guest appearance on the issue of restrictions on amendment to pleadings.
Taylor English colleagues and legal leaders shared best practices and strategies for adapting to today’s changing litigation landscape and improving the management and performance litigation departments and companies.
- Taylor English Victory in Litigation Against IRS Jonathan B. Wilson
- Bad Science Makes Bad Policy on Campus Rapes Deborah A. Ausburn
Emerging Markets Law
Public Interest Advocacy
Youth Services Law
Areas Of Focus
- Arbitration and Mediation
- Business Torts and Commercial Contract Disputes
- Catastrophic Injury
- Class Actions
- Consumer Law
- Creditors’ Rights and Bankruptcy
- Defamation Claims
- Insurance Coverage
- Intellectual Property
- Lending, Workout and Foreclosure
- Non-Profit Formation and Governance
- Premises Liability
- Product Liability
- Professional Liability
- Securities Litigation and RICO Act Claims
- Shareholder Derivatives Suits, Director and Officer Liability, and Corporate Governance
- Corporate and Business
- Creditors' Rights and Bankruptcy
- Data Security and Privacy
- Employee Benefits and Executive Compensation
- Employment and Labor Relations
- Environmental and Energy
- Government and Internal Investigations
- Intellectual Property
- Leisure and Hospitality
- Public Interest and Advocacy