NOTABLE CASES AND MATTERS
Personal Injury – Plaintiff
• Our fourteen year old client nearly had his leg severed off racing at a motocross track by an exposed metal culvert. We sued the track owners for negligence and operating the business in an unsafe condition. After a week long trial the jury awarded our client and his parents $14,934,000.00.
• Our client suffered a serious neck and back injury as a result in a tractor-trailer accident. After litigation in federal court the case was ordered to mediation. The insurers paid our client a settlement of $1,900,000 within eleven months of filing suit. We know our injured clients are in need of compensation as quickly as possible without sacrificing results and our aggressive litigation tactics were instrumental in achieving this timely result.
• Our client suffered serious injured in a car accident. She was referred to our firm by another lawyer who was about to settle for the at fault driver’s minimum coverage of $25,000. We discovered another $600,000.00 in insurance coverage and settled the case for 625,000.
• Our client was a team truck driver and tragically both he and his driving partner were killed when they ran into the back of another semitruck. Even though our client was determined by the highway patrol to be at fault, our quick investigation determined the other semitruck was traveling at a low rate of speed without proper lighting. Shortly before trial the insurer paid out its policy limits of $2,000,000. We then brought an action against the freight broker that hired the trucking company on the theory that they knew the at fault trucking company was dangerous. After mediation, the broker’s liability carrier paid a substantial confidential settlement.
• Our client was hit by a Dump Truck leaving a construction zone rear ended our client which resulted in neck surgery. During litigation, the Defendant’s insurer agreed to pay $675,000.
• When a doctor performing a c-section nicked our client’s bladder resulting in extended hospitalizations and additional surgery to correct the malpractice. We settled this claim on the eve of the scheduled trial for $1,200,000.00
• Our client suffering from dementia fell several times while staying at a nursing home and these falls led to his untimely death. The nursing home involved agreed to pay $625,000 to resolve these claims.
• Our elderly bedridden client was resident of a nursing home when she developed bedsores and eventually died from the resulting infection. This resulted in a confidential settlement shortly after the lawsuit was filed.
• Our elderly client recovering from hip surgery in a rehabilitation center when he fell out of his bed fracturing his hip resulting in an additional surgery and when he returned after surgery, he was dropped from a wheelchair which eventually led to his untimely death. This resulted in a confidential settlement shortly after filing suit.
• Our clients, minor children were passengers in his father’s car. His father, while unfortunately under the influence of cocaine, ran a stop sign and his children were injured. We brought an action against the Georgia DOT and their contractor alleging that they failed to timely install a traffic light at this dangerous intersection. After protracted litigation, the case settled before trial for $750,000.00.
Personal Injury Defense Jury Trials
• Plaintiffs sued our insured arising from an accident where they were passengars in our insured’s taxi cab and our insured ran off the road and into a tree. The Plaintiffs turned down a generous offer of the case went to a jury trial in DeKalb County. The Plaintiffs claimed $18,000 and $10,000 in medical expenses. They jury finding they were exaggerating their injuries, returned verdicts of $15,000 and $5,000 respectively.
• Our client was sued alleging that their independent contractor injured a Plaintiff. The jury found that the at fault driver was truly an independent contractor and returned a defense verdict for our client.
• Plaintiff claimed almost $100,000 of medical bills resulting from a collision where our insured was driving on the wrong side of the road. We argued both that the Plaintiff had preexisting unrelated health issues, as well as the Plaintiff was comparatively negligent for failing to try to avoid the collision or slow down when she saw our insured on the wrong side of the road. The jury returned a verdict of only $15,000.00 which reflected the jury finding the Plaintiff 20% negligent.
• We defended a trucking company on a seven figure workers compensation claim. After a two day trial, a defense verdict completely vindicating our client was entered.
• Plaintiffs claimed our insured rear ended them and then left the scene. The Plaintiffs followed our insured to a nearby gas station where they accused our insured of intentionally running over one of the Plaintiff’s seriously injuring his knee. Our insured claimed he did not realize he hit the Plaintiffs and only ran into the Plaintiff because he was scared the Plaintiff was going to cause him bodily harm. The jury returned a verdict for less than claimed special damages and nothing for the alleged intentionally striking the Plaintiff.
• Our clients were partners in a hotel near the Atlanta airport. When the hotel sold, a dispute arose as to the disbursement of profits. The Defendants claimed our clients were owed approximately $1,000,000.00 at most. After aggressively litigating this case the Defendants agreed to pay of clients $3,4500,000.
• Several Family members owned a portfolio of hotels, shopping centers and cell towers. A dispute arose as to one of the partners breaching his fiduciary duties to his partner. After a meditation on the eve of trial, the Defendants agreed to transfer ownership of the majority of the properties to our clients, assume substantial corporate debts, as well as pay a six figure settlement.
• Our client was a minority shareholder in a company that provided testing and repair services for underground storage tanks and petroleum pumping systems. After a dispute with the other shareholder, our client left and started a competing business. He was sued by other shareholders alleging among other things he stole customers, business secrets, etc. At trial we convinced the Judge to dismiss the case.
• We represented a window manufacturer. A competitor sued our client, along with several other defendants in Pennsylvania alleging theft of trade secrets and interference with business relations. After two days of trial, the federal judge dismissed our client from the case.
Insurance Regulatory Matters
• After a national news program aired a story alleging our clients, as well as affiliated insurance companies and marketers, were selling bogus insurance products and using illegal marketing practices, the Georgia Department of Insurance sued our client and its individual owners. During the course of this litigation, some of the insurers ceased operations, but as to our clients, the Court dismissed the action against our individual clients, and after the Court dismissed many of the claims against our remaining corporate defendants, we were able to reach a very favorable settlement with the State where our client paid nominal penalties.
• The Georgia Insurance Department revoked an insurance agencies license for allegedly falsifying its application for authority and other filings with the Department. Our client hired us to appeal this decision, and after an appeal and a trial, the Judge determined that the revocation be overturned and our client’s license reinstated.
• Our client a captive insurance company was facing challenges with the Georgia Insurance Department obtaining a full power Property & Casualty license. We were able to work with the Insurance Department and quickly address their concerns to assist our client timely meet their goals.
• Several plaintiffs filed suit in Montana alleging our client, a not for profit membership group, as well as several principals of the group, alleging various RICO and fraud claims, concerning limited medical benefit plans provided to our clients’ members. After significant litigation and several rulings in favor of our clients, we were able to settle this case before trial for an amount far less than defense costs.
• Former owners and individual shareholders of a dissolved company were sued in West Virginia claiming fraud, breach of contract and other claims arising out of a failed insurance company and managing general agent not paying medical claims. We were able to settle the case at a fraction of defense costs after mediation while our Motions to Dismiss were pending.
Class Litigation Action Litigation
• We brought a national class against Met Life alleging they were improperly placing life insurance proceeds into retained asset accounts. After several years of litigation, a settlement was reached for $80,000,000.00. Additionally, we have brought settled individual claims for improper retained assets against Jackson National Life and New York Life for confidential amounts (and New York Life changed their business practices after we brought our action.
• We brought a Georgia state law class against Beneficial Life Insurance for adding improper forced placed insurance to consumer loans. After the Georgia Court of Appeal upheld the trial judge’s certification of the class, the case settled at mediation for $7,000,000.
• We brought various class actions against junk fax abusers for sending unsolicited faxes to our business clients. These cases settled for between $250,000 and $900,000. Further all of these Defendants agreed to modify their advertising practices to comply with the Telephone Consumer Protection Act. Additionally we settled numerous junk fax cases on an individual case by case basis for other clients, recovering tens of thousands of dollars for our business clients.
• We brought an action against Liberty Savings Bank for force placing insurance on consumer auto loans in violation of Regulation Z of the Truth in Lending Act. The value to our Georgia only class was in excess of $750,000.00
• We sued Cash Advance alleging they were charging excessive and illegal fees. After the trial judge denied the Defendant’s Motion for Summary Judgment was denied, the Defendant closed all its Georgia locations and paid damages of $250,000.00
• We sued Green Finance in a state court class action alleging the Defendant was illegally adding “motor club” charges to small consumer loans, even if the borrower did not own a car. The value to the class was in excess of $1,000,000.
• CVS Pharmacy was overcharging law firms and other who requested prescription recordsin violation of Georgia’s medical records statute. We brought a class action seeking to enjoin the overcharging and for damages. The case settled with a value to the class of over $1,000,000.00.
• Successfully sued a metro county for forcing maintenance workers to supervise work release inmates while the maintenance workers were on their lunch break.
• Successfully defended a metro housing authority on an overtime class alleging failure to pay travel time and other violations.
• Numerous victories for employees in cases ranging from improperly classifying hourly employees as managers, illegal tip sharing, “off the clock” duties, etc.
• When Georgia legalized the sale of fireworks, we represented several national firework distribution companies obtaining licenses and special use permits in cities and counties across Georgia.
• When the City of Marietta enacted an ordinance illegally regulating the operations of rental properties, we won a permanent injunction against the city which was upheld by the Georgia Supreme Court.
• We have defended numerous city and counties in 42 U.S.C.A. 1983 actions alleging anything from false arrest, failure to provide inmates medical care, police brutality, etc. securing summary judgments in favor of the governmental entity.