National Trial Experience

Toxic Tort & Environmental Litigation

Defense Verdict

Products Liability, Mesothelioma

Settled after first week of trial

Liability Issues

Defense Verdict

Defense Verdict

Mesothelioma

Plaintiff took offer at the opening of trial

Mesothelioma; Product Liability, Third Party Responsibility

Settled after plaintiff's opening within minutes of defense opening

Premises Liability, Mesothelioma (Common Issues)

Case settled on call of the calendar for trial

Mesothelioma; Navy Exposure, Product Liability

Defense Verdict

Mesothelioma; Product Liability, Third Party Responsibility

Settled prior to plaintiff's opening

Case resolved for defense pre-trial offer one week into trial

Mesothelioma; Product Liability, Third Party Responsibility

Settled

Mesothelioma, Product Liability, Third Party Responsibility

Settled during trial

Mesothelioma, Product Liability, Third Party Responsibility

Settled during trial

Mesothelioma; Product Liability, Third Party Responsibility

Settled prior to plaintiff's opening

BC 356534; Mesothelioma

Case settled in trial

Defense Verdict - products liability action brought under claims of negligence, strict liability, malice and oppression.

Contract Dispute

Demand to client was 166K, arbitration award was for 17K against client.

Product Liability, Living Mesothelioma

Defense Verdict

Directed Verdict (after 3 weeks of trial)

Product Liability, Third Party Responsibility

Settled Prior to closing arguments

Toxic Tort & Environmental Litigation:  Living mesothelioma case alleging exposure to products used at shipyards and various construction/janitorial sites. Client settled after five weeks of trial, with one defense witness left to testify. Remaining defendant went to verdict, defense verdict. Settled during trial.

Defense Verdict, Demand was for 25 million on first day of trial

Settled during trial.

First case tried after the Taylor v. Elliot Turbomachinery decision in California. After obtaining favorable rulings from the Court regarding liability for replacement and affixed parts, Ed Slaughter and Jason Irvin helped the client obtain a favorable settlement.

Toxic Tort & Environmental Litigation;   Living mesothelioma case alleging exposure to asbestos during navy service, involving issues of misidentification, opportunity for exposure, low dose and state of the art defenses. Settled after jury selection.

Toxic Tort & Environmental Litigation; Asbestosis

Settled at trial

Toxic Tort & Environmental

Settled during trial

Toxic Tort & Environmental Litigation; Asbestosis

Settled at trial

Products Liability; Action in which the plaintiffs asserted an environmental toxic tort claim based on an alleged defect in certain of our client's carpeting product and in which we were successful in obtaining not only summary judgment against the plaintiffs, but also an unusual award of costs in excess of $23,000

Defense Verdict

David Marshall, Peter York and Erin Hayner obtained a defense verdict on behalf of a national furnace manufacturer in a living mesothelioma case. The plaintiff alleged direct exposure from installing and servicing the defendant's furnaces from 1949-1959. Prior to trial, the defendant was able to establish that the plaintiff's exposure to the defendant's furnaces were limited to after-market, third-party manufactured affixed parts and not to the internal working components of the defendant's furnaces. There were four remaining defendants at trial. This case began in November 23, 2009 and concluded on January 19, 2009 in Los Angeles, California before the Honorable Teresa Sanchez-Gordon. 

CV-055000525S; Toxic Tort & Environmental Litigation

Claims settled after three weeks of jury selection

Breach of Warranty Claim - Defense Verdict

David Marshall obtained a defense verdict on behalf of a national building products manufacturer of asbestos cement pipe in a wrongful death case.  The plaintiff alleged household asbestos exposure from his father, a pipe layer at an Army ammunition plant in Kansas.  The plaintiff developed peritoneal mesothelioma and died at the age of 38.  There were no other defendants remaining in the case at the time of trial.  The defendant presented evidence that the pipe used by the plaintiff's father was that of another manufacturer and also presented evidence that the mesothelioma was idiopathic in nature and was not related to any asbestos exposure.  The case was tried over a two-week period in Wilmington, Delaware before the Honorable Mary Johnston.  This was only the second case to go to verdict in Delaware since the recent dramatic increase in filings there.  The first verdict yielded an award of over $2 million.   

Al Parnell started a trial in the District of Columbia. 

Plaintiffs' verdict.

Defense Verdict

Asbestos products liability case - mesothelioma. Plaintiff's verdict, but 75% allocated to non-tort feasors.

Toxic Tort & Environmental Litigation, Living Mesothelioma(Common Issues); Product liability of asbestos cement pipe as seller under Florida law. Settled by plaintiff at opening statement.

Toxic Tort & Environmental Litigation

Settled during trial.

Dismissal with prejudice one week after start of trial

Plaintiff verdict - on appeal.

Products Liability, Mesothelioma

Settled at summary judgment hearing

Products Liability, Mesothelioma

Settled at pretrial

Mistrial; DWP

Plaintiffs' Verdict; Settled on Appeal

55 year-old living mesothelioma (cancer) case

Product Liability:  strict liability, negligence, failure to warn

We were able to negotiate a dismissal without pay on the eve of trial because of product identification issues and our expertise and advancement of difficult medical diagnostic issues in the case.

Strict Liability, Negligence, Warnings

Plaintiff verdict

Defense Verdict

Nominal Verdict for plaintiff:  $500,000 demand

A warranty of title action in estate matter where the Firm represented the Plaintiff

Judgment for client

Plaintiff Verdict

Decided

Decided

Decided

Defense Verdict

Breach of contract; Negligence; Plaintiff alleged that Atlantic Pool breached its contract by improperly constructing a retaining wall which collapsed.Plaintiff further alleged that Atlantic pool acted in bad faith and was stubbornly litigious. Defense Verdict.

Decided

Decided

Decided

Decided

Decided

Decided

Decided

Defendant's Verdict

Plaintiff's Verdict, though verdict was $500,000 less than Plaintiff's final demand and also less than Defendant's pre-trial offer

Malicious Prosecution; Plaintiff alleged that Defendant wrongfully had him arrested

$10,000 Verdict

Involved claim of violation of Civil Rights

Defense Verdict

Claim for legal malpractice against Joe Lefkoff

Defense Verdict

Plaintiff sought contribution from Defendant as a result of a collision which was caused by the Defendant. Defense Verdict.

Decided

Business dispute over amount of repair, and reasonable of repairs, to private airplane. The airplane came into Signature Flight Support for its annual review and inspection. During the inspection, problems were noticed with portions of the engine and the engine was sent off for repairs. Defendant challenged the repairs as unnecessary and not needed. Verdict for Plaintiff for full amount of repairs and pre-judgment interest.

Bad Faith Claims

Verdict for Plaintiff; Reversed on Appeal

Bodily Injury to elderly lady

Defense Verdict

Decided

Decided

Personal injury case involving accident with the garbage can lift on garbage truck. Plaintiff suffered soft tissue injuries, minor nerve damage and some lost wages. Plaintiff also claimed future medical expenses and lost wages. Plaintiff's Verdict.

Legal Malpractice

Plaintiff's Verdict equal to pre-trial offer

Claim of Trespass by Coweta County

Settled

Decided

Decided

Decided

Personal injury case involving a motor vehicle accident with spinal and soft tissue injuries. Defense verdict.

Breach of Contract of Fiduciary Duty

Defense Verdict

Case No. 93-00106, Wrongful Death, Negligence

Plaintiff alleged that exposure to Owens-Corning's asbestos-containing product contributed to his diagnosis of lung cancer and death. Plaintiff was found 49% contributory negligent; $50,100, verdict.

Wrongful Death, Negligence. Plaintiff alleged that exposure to Owens-Corning's asbestos-containing product contributed to his diagnosis of mesothelioma and death. Defense Verdict.

Decided

Decided

Automobile Collision; Plaintiff alleged that Joh McDay, Transus, Inc.'s driver, was negligent when he backed into Plaintiff while attempting to make delivery. Defense Verdict.

Wrongful Death

Defense Verdict

Premises Liability; While visiting a Shoney's Restaurant, Plaintiff tripped over a high chair placed next to the entrance door of the restaurant. Plaintiff alleged Atlanta Family Restaurants was negligent in placing the high chair next to the entrance door of the restaurant. Defense Verdict.

Case settled favorably after three days of trial

Case No. 5-96CV311-2, Wrongful Death, Negligence

Plaintiff alleged that exposure to Owens-Corning's asbestos-containing product contributed to his diagnosis of mesothelioma. Owens-Corning disputed Plaintiff's diagnosis of mesothelioma. Defense Verdict.

Decided

Decided

Decided

Defense Verdict

Serious personal injury case arising out of motor vehicle incident on road under construction

Plaintiff's verdict.

Defense Verdict

Case No.:  E-55549, Products Liability

Plaintiff alleged that exposure to asbestos-containing product manufactured by Owen-Corning contributed to his diagnosis of lung cancer. Defense Verdict.

Contract dispute on compliance with terms of a business acquisition between the parties. Settled case with a high-low agreement based on jury verdict after completion of trial.

Personal injury claim arising out of car motor vehicle incident

Defense Verdict

Decided

Decided

Legal Malpractice

Defense Verdict

RICO

Defense Verdict

Legal Malpractice

Defense Verdict

Plaintiff seeking to enforce certain contractual payout obligations owed from a family company run by the Plaintiff's son to the father who had retired from the company. The client sought relief for breach of contract, breach of fiduciary duty, as well as injunctive relief. After several favorable rulings in Federal Court, the case settled to the satisfaction of the client

Decided

Product Liability; While using a Powermatic table saw, Plaintiff suffered amputation to three fingers. Plaintiff contended that Powermatic, as manufacturer and distributor of a Powermatic saw, was negligent and strictly liable for the defective design of the table saw. Powermatic settled for $8,000 after jury selection; Loftin's Rent-All settled for $45,000 during trial.

Decided

Mesothelioma; Strict liability, Negligence, Warnings. Case settled during jury selection.

Personal injuries arising out of motor vehicle accident

Defense verdict

Personal injuries by multiple plaintiffs arising out of motor vehicle incident

DefenseVerdict

Single living Mesothelioma (cancer) case; Strict liability, Negligence, Warnings

Case settled first day of trial

Defense Verdict

Mesothelioma

Strict liability, Negligence, Warnings

Case settled first day of trial

Decided

Premises Liability

Defense Verdict

Personal injury case arising out of alleged bar room altercation. Plaintiff, a dental hygienist, claimed permanent injuries to dominant hand fingers and large lost wage claim. Verdict awarded was less than half of last demand. Plaintiff's verdict.

Nine-day jury trial on Plaintiff’s claims for sexual harassment, and various state law tort counts.  Plaintiff sought $5.5 million, and ultimately obtained a jury verdict of approximately $72,000.00 - only 14.5% of the $500,000 offered by Defendant pursuant to a Rule 68 Offer of Judgment.

Legal malpractice arising out of real estate transaction

Defense Verdict

Legal malpractice arising out of real estate transaction

Defense Verdict

Two trials arising out of two personal injury cases arising out of the same motor vehicle incident. Defense verdict in both trials.

Plaintiff in an effort to regain control of his assets held in trust which had been wrested from this control by his children when they exercised a provision in that trust declaring him incapable of managing his own funds. By Order dated May 12, 2000 Rob convinced the Court that the Plaintiff was capable of managing his own funds thereby returning control of the trust to the client

Personal Injury - Coffee Burn; Premises Liability

Mistrial

Premises Liability; Plaintiff alleged that while walking down a hall with a friend that she slipped and fell on a greasy floor. Defense Verdict.

Mesothelioma; Strict liability, Negligence, Warnings

Case settled first day of trial

Personal injury case arising out of motor vehicle incident

Directed verdict

Personal injury case resulting in directed verdict at trial

Plaintiff's verdict in clear liability case that damages awarded were significantly less than those claimed by Plaintiff

Personal injury case arising out of alleged hit and run motor vehicle incident. Defense was that accident was stated and no hit and run driver existed. Defense Verdict.

Bad Faith Claim

Plaintiff's Verdict; Case Appealed, then Settled

Legal Malpractice

Defense Verdict

Settlement three days into trial at $200,000 less than plaintiff's pretrial demand

Wrongful Death; Product Liability - failure to warn/substitution of product

Defense Verdict

Plaintiff's claim inadequate warning on product caused them harm.  After mistrial, favorable settlement achieved for Sherwin-Williams

Automobile Accident

Settlement during trial

C. A. File No. 00-VS-004024-F; and Jeffery Scott Turpin v. Revco Discount Drug Centers, Inc. and Kristy Tumlin, Fulton County State Court, C.A. File No. 00-VS-004025-H

Settled during trial

C. A. File No. 00-A-8211-6

Plaintiff was injured when a light fixture fell on her head while in defendant's store. Plaintiff alleged head, neck an back injuries. Plaintiff demanded $75,000 prior to trial; Defendant admitted liability and offered $15,000. Jury Verdict:  $7,500.

Toxic Tort & Environmental Litigation:  Strict Liability, Negligence, Warnings

Plaintiff settled after voir dire

A legal malpractice case.

Obtained a reversal of the trial court’s denial of summary judgment on appeal for Defendant.

Legal Malpractice

Plaintiff's Verdict $700,000 Less Than Plaintiff's Final Demand

Plaintiff Verdict

Automobile Accident, Personal Injury; Negligence/Trucking

Defense Verdict

Catastrophic Accident Litigation

Atlanta Div., C. A. File No. 1:00-CV-0103-ODE

Plaintiff Verdict

Catastrophic Accident Litigation; Div., C. A. File No. 01-CV-00163-JOF

Plaintiff, a Private in the U.S. Army, was injured when the Greyhound bus on which she was traveling left of the roadway during inclement weather and went down an embankment. Greyhound acknowledged that its driver was responsible for the accident. Plaintiff claimed neck and back injuries that ultimately resulted in her being medically discharged from the Army. She asserted her medical specials were in excess of $20,000 and hat she sustained a permanent loss of earning capacity. Demand at start of trial was $215,000 and last offer was $60,000. Jury Verdict:  $35,794.60.

Plaintiff dismissed Amchem without prejudice nine days after trial began before Plaintiff rested his case. UCC received a defense verdict. Case settled after multiple days.

A probate case and a breach of fiduciary duty and fraud case in which the Firm represented the Spanish executors against claims from certain heirs that other heirs absconded with $700 Million in deceased assets.

Plaintiff sued client seeking recision for fraud in a $5 million sale of business transaction. Summary judgment for client.

Served as local counsel in Georgia in the battle for the right to merge with Wachovia Corporation

Suit to prevent neighborhood activist from blocking development. Resulted in favorable sale of property to the Georgia Nature Conservancy at client's asking price and preserving property as a park.

Case brought by a small manufacturing company who had contracted with Bridgestone firestone to build tire racks for its manufacturing facilities. Plaintiff claimed that the custom mixed paint purchased from Sherwin-Williams to coat the tire racks was defective and resulted in the loss of its business. Plaintiff claimed damages in excess of $5 million for the loss of its business and future lost profits. After a week long trial, a verdict was entered in favor of Sherwin-Williams. Plaintiffs appealed the verdict to the 4th Circuit Court of Appeals based on the trial court's decision to exclude a last minute opinion by its expert. In Southern States Rack & Fixture, Inc. v. The Sherwin-Williams Company, et al. 318 F.3d 592 (4th Circuit 2003), the Fourth Circuit Court of Appeals affirmed the trial court's grant of Sherwin-Williams Motion to Strike Plaintiff's last minute expert opinion, affirming the procedure under Fed. R. Civ. P. 37(c)1 for striking an expert due to the parties' failure to timely disclose his opinion. Defense Verdict.

Premises Liability Case; Pharmacy assault and battery case

Defense Verdict

C.A. File No. 00-VS-00477C

Plaintiff, a local driver for a delivery service, claimed to have received a misfill of medication from Revco/CVS drugstores. The misfill was a double dose of a decongestant and antihistamine.  As a result of this misfill, Plaintiff allegedly sustained a variety of injuries but was primarily claiming to be suffering from post-traumatic stress disorder. Plaintiff had a board certified psychiatrist who opined that as a result of the misfill Plaintiff was suffering from disabling post-traumatic stress disorder. Defendant admitted the misfill but challenged the case based upon causation and Plaintiff's alleged post-traumatic stress disorder. Plaintiff claimed $2,500 in medical expenses and $29,000 in lost wages. Additionally, Plaintiff claimed that he would have continuing psychiatric bills and lost wages. Plaintiff also sought punitive damages. Plaintiff's demand for trial was $250,000. Defendant's highest offer during trial was $55,000. The verdict was $1,000.

False arrest/assault

Motion for direct verdict granted at trial

Plaintiff's causes of action included:  strict liability, negligence, and failure to warn.

Case concluded after multiple days of trial.

First case tried against Ford in the State of Georgia

Defense Verdict

Settlement during trial

Case No. 03-CV-74619

The Plaintiff, Thales e-Transactions, Inc., an international transportation company, brought this $105 million dollar lawsuit against a regional transit authority, MARTA, and a competitor international transportation company, Cubic Transportation, Inc. Mr. Brown represented the Defendant Cubic Transportation, Inc. and obtained a defense verdict at a bench trial.

Negligent Misrepresentation and professional negligence action in which we represented defendants that served as a program manager for approximately $400 Million construction program for the DeKalb County Board of Education

Legal Malpractice; Construction

The Plaintiff developer sued the Defendants, who were the developer's closing attorneys, for 3 million dollars alleging that Defendants' negligent closing of property that Plaintiff was to build a hotel on resulted in the hotel being partially built on another person's property. Mr. Brown, representing the Defendants won a defense verdict at a jury trial. Defense Verdict.

Claims against client for bad faith

Successful settlement through mediation

Misfill case/professional negligence case

Plaintiff's verdict reduced due to a finding of comparative negligence on the part of the Plaintiff

Obtained injunction, damages and attorneys fees for Plaintiff through arbitration for water drainage across property

Defense verdict on Co-Defendant's Cross-Claim for indemnification; Professional negligence

Plaintiff's Verdict vs. all Defendants settled on appeal

Catastrophic Accident Litigation

C. A. File No. 2000C06-0077

Plaintiff Debra Williams and her son, Andrew, were injured when they struck a garbage truck being operated by Defendants when the truck made a left hand turn in front of Ms. Willias' vehicle. Defendants asserted comparative negligence  on the part of Mrs. Williams for driving too fast for conditions. Mrs. Williams suffered numerous injuries including a ruptured spleen that was surgically removed, fractured eye orbit, an alleged head injury with memory problems, and a laceration to the right arm. Andrew Williams, who was 3 yrs. old at the time of the accident, sustained a severe fracture of the right tibia fibula, a skull laceration and skull fracture, and a severe tongue laceration which, combined with the blow to the head, the family argued caused a serious speech articulation defect. Plaintiffs' medical providers testified that the speech articulation defect would be permanent and impair Andrew for life. Defendants' medical experts opined otherwise. Plaintiffs also sought punitive damages which were allowed to proceed to the jury. Punitives were sought based upon the manner in which the Defendant company hired an trained its driver. The lowest demand before trial was $990,000. Highest offer before trial was $500,000.

Companion cases filed by the landlord of the premises and the owner of the ground lease respectively, in which it was alleged that JC Penney Company violated certain lease provisions by allegedly failing to maintain and/or replace the roof and cooling tower of the leased premises which ultimately damaged the asbestos fire-proofing. Plaintiffs alleged that, as a result, the premises could not be re-leased to future tenants without full remediation. The combined damages sought in the cases against JC Penney were in excess of $3.3 million. Following extensive discovery, this matter was resolved to the satisfaction of the client.

Our client sued for payment of commissions. Resulted in early settlement favorable to clients Strategic Sports Group

Plaintiff sought injunction alleging tortuous interference with its employee contacts. Injunction denied

Premises Liability, Product Liability; Premises Liability non-jury trial; Plaintiff alleged that Costco damaged the seat of her vehicle while performing tire work on her vehicle. Defense Judgment.

Obtained Court ordered dissolution of LLC objected to by member

Plaintiff claimed liner for water tank was defective. Quick settlement favorable to our client Sherwin-Williams

Motion for Summary Judgment as a Matter of Law Granted to Defendant and the Affirmed by 11th Circuit

Trip and Fall/Premises Liability case

Catastrophic Accident Litigation

C.A. File No: 2001-CV-05613-E

This matter arose out of a one vehicle accident in which the Plaintiff was a back seat passenger in her own vehicle. The Defendant, who was driving under the influence of marijuana, and was a friend of the Plaintiff, had placed the Plaintiff in the baack seat after the Plaintiff passed out from her own drinnking. The Defendant lost control of the Plaintiff's vehicle, overturned several times, and the Plaintiff was ejected. The Defendant subsequently pled guilty to driving a vheicle under the influence of alchohol and jaijuana, leaving the cene of an accident and failing to render aid, serious inuury by vehicle, and reckless driving. The Plaintiff suffered serious neck injury which rendered her initially quadriplegic. She recovered limited use of her left side and very limited use of her right side leading to the final diagnosis of incomplete quadriplegia. The 27 yr old Plaintiff was confined to a wheelchair, and has a neurogenic bowel and bladder. Plaintiff's medical bills were approximately $250,000 and the Plaintiff's life care planner had calculated a total life care plan of $1.9 million dollars. The accident occurred three years prior to the trial. The Judge granted Plaintiff's partial motion for summary judgment on the issue of assumption of the risk thereby depriving Defendant of its only potential defense. The Plaintiff asked for compensatory damages in excess of $4 million, plus punitive damages based upon the Defendant's egregious conduct. The jury returned a verdict of $2.2 million and no punitives. (The case was tried because the Plaintiff contended that Defendant's insurer did not timely offer its $250,000 policy limites applicable to the accident. Plaintiff wanted to obtain a verdict as far in excess of the policy as possible for bad faith purposes).

Mesothelioma (Common Issues)

Product liability of asbestos cement pipe as seller under Georgia law

Case settled by plaintiff in the 4th trial day at a substantially lower amount than original demand

Premises Liability; Personal injury

Defense Verdict

Premises Liability, Product Liability; Premises Liability non-jury trial; Plaintiff alleged that Costco was negligent when he tripped on a rope blocking off a car on display. Case dismissed by Judge at trial.

Client was a lawyer subjected to a bar complaint by a former client. The Supreme Court of Georgia found lawyer guilty of four ethics violations, two of which were serious and punishable by disbarment. Lawyer was suspended from the practice of law for two years by the Supreme Court, Supreme Court agreed to reverse the suspension and remanded the bar complaint for further proceedings. A trial before a Special Master was held. The Special master agreed that suspension was inappropriate. The Special Master found two violations, both minor in nature, and found in favor of the lawyer on the other two more serious alleged violations. A punishment of private reprimand was recommended by the Special Master. Attorney was later subjected to private reprimate and allowed to keep his bar license. Recommendation of private reprimand.

Catastrophic Accident Litigation

C.A. File No: 01-V-993

This matter arose out of the death of the Plaintiff's decedent who was a 21 yr. old female Army Private at Ft. Stewart in Hinesvile, GA. She turned left from a stop sign and was struck by a Greyhound bus. Plaintiffs asserted that the bus was exceeding the posted speed limit by approximately 20 miles an hour. The State Patrol Officer who measured the skid marks measured a total distance of marks that, according to Plaintiffs' expert, proved the bus was traveling at 65 miles an hour in a 45 mile an hour zone. Plaintiffs' expert opined that had the bus been traveling witin the posted speed limit, the accident would have been avoided. Defendant argued that the State Trooper inadvertently attributed a large length of the skid marks to the Greyhound bus when, in fact, the tread patterns of the skid marks revealed two different vehicles left the marks measured by the State Trooper. The Defendant called an accident reconstructionist as well as a tire expert who testified that the marks were from two different vehicles and that the marks left by the bus, if they had been measured correctly, proved that the bus was traveling under the posted speed limit. After a four day trial, the jury returned a verdict of $1.1 million dollars. This was after the jury, using comparative negligence, determined that the Plaintiffs' decedent was 45% negligent and the Defendant was 55% negligent. The Plaintiffs asked the jury for $6 million dollars during closing. A high/low agreement was offered by the Defendant prior to trial, but not accepted by the Plaintiffs.

Mesothelioma

Defense Verdict

Premises Liability, Product Liability; Premises Liability non-jury trial; Plaintiff alleged that Costco was liable for damaging her expensive vehicle when an employee placed an item in the vehicle. Defense Judgment.

Wrongful death claim in which Plaintiffs sought multimillion dollar verdict for pain and suffering and full value of the life of decedent who died of respiratory failure 19 days after injuries suffered at Big Lot's store

Premises Liability, Product Liability; Premises Liability non-jury trial; Plaintiff alleged that Costco was liable when she tripped on a curb next to cart corral. Defense Judgment.

A tortuous interference with business relations action in which plaintiffs obtained summary judgment on their claims and against defendants on their counterclaims. The court also enjoined defendants and awarded more than $350,000 in attorney’s fees and expenses to plaintiffs. Judgment and collected award.

Legal Malpractice

Plaintiff's Verdict (On Appeal)

Case No. 06VS094123; Business Litigation

Directed Verdict for defendant

Civil Action File No. 05SV853

Plaintiff was shopping with a friend in a TJ Maxx store. Plaintiff's friend fell over a metal shelf that had been left on the floor and fell into a rack of clothing which subsequently fell over onto the Plaintiff knocking her to the ground. Plaintiff claimed that as a result of the accident she sustained a torn rotator cuff which required surgical repair and subsequently left her with a significant permanent disability in the shoulder as well as diminution in her ability to labor. The Plaintiff had approximately $35,000 in medical bills and made an initial demand of $250,000. While not admitting liability the defense did not vigorously contest it and instead focused upon causation issues related to the shoulder because the Plaintiff's occupation involved a lot of lifting. The defense was also able to exploit a number of inconsistencies in the medical testimony, as well, as certain statements made to medical providers by the Plaintiff. The Defendant offered $20,000 prior to trial. The case resulted in a defense verdict.

Wrongful death claim arising out of medical malpractice action. Original counsel allowed case to go into default judgment and failed to open the default properly. We were retained to handle the legal malpractice claim associated with said default judgment. We assumed the defense of the just prior to trial after the legal malpractice carrier agreed to pay the judgment. The only issue at trial was damages. The verdict fell within the parameters of a high-low agreement reached with the plaintiffs. Verdict within high/low (and policy limits) after default judgment caused by prior counsel.

Catastrophic Accident Litigation

Civil Action File No: 05-A-10988-6

On Appeal

Professional malpractice case where plaintiff's verdict was reduced due to finding of comparative negligence.

Case No. 06C-10822-2; Premises Liability

Defense Verdict

Toxic Tort & Environmental Litigation:  Wrongful death claim asserted under Idaho law alleging exposure to asbestos caused mesothelioma. Diagnosis disputed with defense of lack of exposure and disease of lung cancer caused by cigarette smoking. Claim settled during jury selection.

Medical malpractice

Plaintiff's Verdict, settled on appeal

Wrongful Death - death of 18 yr. old struck by Kawasaki personal watercraft operated by a 14 yr. old acquaintance in a lake in Georgia. Defense Verdict.

Premises Liability, Product Liability; Premises Liability non-jury trial; Plaintiff alleged that she slipped an fell in the dress room at Ross due to the presence of sauce on the floor

Case dismissed by Judge at trial

Directed verdict in favor of Defendants

Disputed Mesothelioma; Products Liability, Disputed Medical Diagnosis

Settled prior to plaintiff's opening

Premises/Retail

Plaintiff verdict 1.5 million. Demand to jury 3.5-4.0 million.

Civil Action File No. 07CV2820

In a wrongful death suit brought by the sister of Robert Podorsky, our firm represented The Southern Company, Georgia Power Company and related entities.  The plaintiff alleged that our clients were negligent and that negligence led to the death of Mr. Podorsky.  After a week of plaintiff's evidence, the trial court granted directed verdicts in favor of all of our clients and dismissed the case.

Professional Malpractice Case

Summary judgment granted in wrongful death case

Professional Malpractice Case

Motion to Dismiss granted to midwife

Case No. X-99-CV-1185

Mr. Brown represented the Defendant Butler in this breach of contract case filed by the Plaintiff seller (Kenny Rogers) who sold the Defendant buyers (Thomas and James Threatt) real and personal property at an auction. Butler was the attorney representing the buyers. The buyers agreed to submit 10% earnest money which would be given to the seller if they failed to consummate the contract. The buyers canceled the escrow check arguing that the seller failed to convey personal property included in the auction. The Plaintiff Rogers sued the Defendant Butler for breach of fiduciary duty by failing to convey the escrow money to him. The trial court granted summary judgment in favor of Defendant Butler, Rogers appealed that decision, and the Georgia Court of Appeals affirmed the trial court's decision.

Case No. 03-CV-74446

This was an attempted multi-million, class action involving 60 putative class members who were residents of an apartment alleging personal injury resulting from mold in their apartments. Mr. Brown, representing the Defendants, prevailed on a motion to deny class certification, then won summary judgment in favor of Defendants.

Wrongful Foreclosure; Fair Debt Collection Practices Act claim

We achieved a favorable settlement

Negligent Misrepresentation; Case in which we obtained summary judgment for our client

Trademark and copyright infringement

We obtained a stipulated dismissal with prejudice after getting the relief sought

First Amendment civil rights claim brought under section 1983 concerning a local sign ordinance which was successfully resolved through mediation.

Personal injury action in which four people, two adults and two children, claimed significant personal injuries following a motor vehicle accident. Jury awarded nominal verdict to each and awarded nothing to husband for consortium. Plaintiff's verdict to four plaintiffs totaling $2,237; defense verdict as to one plaintiff.

Legal Malpractice; Obtained summary judgment in the case-in-chief and on the counterclaim.

Labor & Employment; Successfully obtained summary judgment of Section 1983 and state law claims

Regulatory violation;  an appeal in which HPTY obtained a dismissal of sanctions imposed on our client for alleged violations of the WIC Program

Legal malpractice claim involving question of whether attorney-client relationship had been formed necessitating filing of answer on behalf of individual named as defendant in lawsuit

Plaintiffs claimed damages of $54 million from our client, Tucker Federal Bank

Settled at our client's initial offer after two weeks of trial

Suit to obtain dental coverage for certain medical procedures resulting in payment of all medical costs plus attorneys fees on behalf of court clients, the plaintiffs

Plaintiff claim for investment funds resulted in arbitrated result favorable to our clients, the Defendants

Claim brought by Plaintiff/shareholder in a dispute centered around the ownership of certain patents. The case was ultimately tried and a directed verdict for the client, which resulted in a favorable buy-out settlement of Plaintiff's shares.

Auto Liability

Verdict 120,000. Demand to jury 600,000. Last offer 250,000

Elizabeth O'Neill received a defense verdict in a products liability case pending in federal court in Georgia. 

Premises liability products case involving multiple chemicals

Strict liability, Negligence, Warnings, Proximate Cause, Premises Liability

Plaintiff settled at start of trial accepting original offer

Mesothelioma

Plaintiff took offer during jury selection

Breach of Fiduciary Duty - Plaintiff’s verdict (significantly below pre-trial settlement demand).

Mesothelioma; Product Liability, Third Party Responsibility, Government Contractor Defense, Common Issues

Case settled by plaintiff in the 4th trial day at a substantially lower amount than original demand

Al Parnell started a trial in Iowa.

Verdict for Plaintiff, apportioned fault at 35% to Plaintiff; 35% to co-defendant, Garlock, and 30% to CertainTeed. Retrial granted - CertainTeed found 2% liable at retrial.

Mesothelioma; Plaintiff claimed multiyear exposure to raw talc. Plaintiff's claims included:  strict liability, negligence, and failure to warn. Plaintiff's verdict.

Plaintiffs alleging personal injuries as a result of exposure to asbestos products at paper mill. Verdicts for plaintiffs under $50,000 each, currently on appeal on procedural and liability issues.

Defense verdict

Settled during trial.

Brought by the heirs of a Arleen Pellegal claiming their decedent's mesothelioma was caused by second hand exposure to her husband's work clothes. Decedent's husband was a pipe fitter at Avondale's Harvey Quick Repair Yard. The case was resolved favorably after the court ruled in the defendants favor on several key legal issues.

Living mesothelioma alleging exposure to asbestos in two dryer felts used in Westvaco Paper Mill in Luke, Maryland.

Plaintiff's Verdict; Reversed on Appeal

Well-Differentiated Papillary Mesothelioma

Settled at start of trial

Mesothelioma case alleging exposure to dryer felts used at paper mill. Defense Verdict

Lung Cancer Death Case

Plaintiff's Verdict - $20,000

A substantial group boycott action brought under section 1 of the Sherman Anti-Trust Act and section 4 of the Clayton Anti-Trust Act, in which we represented the defendant and prevailed on summary judgment.

Toxic Tort & Environmental Litigation; Living mesothelioma case involving claims to asbestos at Blandin Paper Mill in Grand Rapids, Minnesota. Defense Verdict.

Lung cancer and asbestos cases
Plaintiffs verdict for all twelve $48,000,000 compensatory

FELA Asbestos Lawsuit - Plaintiff’s Net Verdict of $240,000.00 - Demand of $400,000 before trial.

Al Parnell started a trial in Montana.

Case settled favorably at pre-trial hearing

Lead trial counsel for defendant

Severe burn, products liability

Michael Goldman tried a case to verdict in New Hampshire.

Defense Verdict

Plaintiff's Verdict, but subject to High/Low

Defense verdict in 2 cases, verdict below demand in 2 cases, Plaintiff's verdict on appeal.

Mesothelioma case involving claims of exposure to asbestos contained in potter's talc.

Defense offer accepted just before verdict

Settled after closing statement

$2100 verdict

Settled during trial

Mesothelioma

Settled after close of plaintiffs' case at 1/10th the value of plaintiffs' demand going to trial

Plaintiffs' Verdict; On Appeal

Settled during trial

Ollie Harton started a trial in North Dakota.

Lead trial counsel for defendant

Severe burn, products liability

Defense Verdict

Settlement after three weeks of trial for $900,000 less than plaintiff's pre-trial demand

Mesothelioma; Product Liability, Third Party Responsibility

Settled after day two of pretrial arguments, before opening

Defense Verdict

Defense Verdict

Plaintiff's Verdict; Reversed on Appeal

Mesothelioma

Settled after opening statements

Living mesothelioma, disputed diagnosis

Defense verdict

Dismissal with prejudice five days of trial

David Marshall started a trial in South Dakota.

Defense Verdict

Plaintiff alleged that exposure to asbestos-containing product distributed by National Service Industries contributed to a diagnosis of mesothelioma which resulted in his death. Defense Verdict.

Settled at trial

Defense verdict.

Mesothelioma case - first-time plaintiff's attorneys introduced "smoking gun" memo produced by defendant.

Asbestotics, Lung Cancer, Mesothelioma:  Product Liablility

Defense Verdicts

Mesothelioma and asbestotic

Plaintiff's verdict, but settled prior to ruling on motion for new trial.

Dismissal after one week of trial.

Settled after a week of trial

Single living Mesothelioma (cancer) case
Strict Liability, Negligence, Warnings
Case settled first day of trial

Mesothelioma

Plaintiff settled following jury selection

Strict Liability, Negligence, Warnings; Mesothelioma

Directed Verdict

Mesothelioma, Asbestotics; Strict Liability, Negligence, Warning
Plaintiff took offer on fifth day of trial

Case settled during trial

Case settled during trial

Case settled during trial

Toxic Tort & Environmental Litigation; Asbestosis

Plaintiff's Verdict - $18 million (Baron & Budd)

Mesothelioma

Plaintiff took offer on fourth day of trial

Mesothelioma

Plaintiff took offer on first day of trial

Case settled during trial

Mesothelioma, Strict liability, Negligence, Warnings

Case was stayed seven days before trial due to USG filing bankruptcy

Mesothelioma

Strict liability, Negligence, Warnings

Plaintiff voluntarily dismissed client after counsel noticed depositions of plaintiffs experts

Defense Verdict.

Mesothelioma with 2 years of shipyard exposure and 46 years working in the parts department at a car dealership. Plaintiff's claims included:  Strict Liability, Negligence, and Failure to Warn.

Mesothelioma (Common Issues). Reasonableness premises as to plaintiff contractor employee. Plaintiff settled on opening day of trial.

Defense Verdict

Mesothelioma; Product Liability, Third Party Responsibility

Settled during trial

Living Peritoneal Mesothelioma; Strict liability, Negligence, Warnings, Conspiracy

Case settled after jury selection and openings

Toxic Tort & Environmental Litigation;  Mesothelioma

Defense Verdict

Case settled after multiple days of trial

Toxic Tort & Environmental Litigation;  Mesothelioma

Defense Verdict

Common Issues. Reasonableness of the premises as to contractors. Settled far below demand and projected value.

Premises Liability

Defense Verdict

Mesothelioma (Common Issues). Reasonableness of premises. Case settled by plaintiff during pre-trial stages.

Defense verdict.

Mesothelioma

Settled after opening statements

Mesothelioma

Settled after plaintiff's voir dire

Smoking lung cancer

Settled at start of trial

Deceased lung cancer. Assumed product liability of joint compound for bankrupt defendant as seller under Texas law. Case settled by plaintiff the day trial started.

The plaintiff sued our clients for defamation of character, slander and mental anguish after he was terminated from his job. On behalf of the defendants, we won a motion for directed verdict after the plaintiff's case-in-chief.

Mistrial

Living Mesothelioma

Defense Verdict

Toxic Tort & Environmental Litigation;  Mesothelioma

Settled after Pre-trial

Mesothelioma

Case settled in trial

Product liability.

Case settled after voir dire.

Ed Slaughter received a defense verdict in an asbestos products liability case on behalf of a national retail chain. Jack Sibley and Susan Egeland assisted at trial. 

The plaintiff brought a breach of contract claim against a car dealership as well as the financing institution based on a preservation of claims clause included in the plaintiff’s sales contract to purchase a car. HPTY represented the financing institution. The plaintiff sought rescission of the sales contract plus additional damages.  After a bench trial, the Court rendered a nominal verdict for the plaintiff, but ordered the judgment paid in full by the car dealership. The financing institution also recovered its attorneys' fees from the car dealership via a cross-claim for indemnity.

Asbestos mesothelioma case; gross negligence claim brought against Decedent's employer. Settled favorably after a week of trial.

Personal Injury; Product Liability - Clothing, Fire

Defense Verdict

Settled after 21 days of trial

Strict Liability, Negligence, Warnings, Proximate Cause

Defense Verdict

Dismissal with prejudice after one week at trial

Settled during the 8th day of trial

Plaintiff's Verdict: $33,000

Plaintiff Verdict

Defense Verdict

Mis-Trial declared after injury deadlock

Nature of Case:  Asbestos

Minimal compensatory damages awarded to 9 plaintiffs. No punitive damages awarded. All of the above named defendants except Owen-Illinois, Pittsburgh Corning Corporation, Fiberboard Corporation settled shortly before trial

Defense Verdict

Defense Verdict

Defense Verdict

Plaintiff's Verdict

Mesothelioma; Strict liability, Negligence, Warnings

Case settled first day of trial

Plaintiff took offer during jury selection

Case settled in court

Mesothelioma (Common Issues). Warning and Causation. Case settled after multiple days of trial

Constitutional Law; Claims asserted under 42 U.S.C. §1983 alleging violation of constitutional rights related to Sherrif's investigation of allegations of sexual misconduct of private citizen, where report of investigation findings were leaked to public but no prosecution ever undertaken.Plaintiff sued to obtain right to prove innocence of claims, asserted fraud and conspiracy among investigators. Case settled during jury selection.

Personal Injury; Product Liability

Plaintiff's verdict Less than last demand

Zoning and Land Use; Claims against town involving municipal obligations to provide certain services to residential development pursuant to zoning ordinances and official policy and procedure

Plaintiff verdict, but award less than settlement offer

Traumatic Brain Injury Litigation; Case No. 04 CV 858, Case Code: 30107

This matter arose out of an injury that occurred to a three-year old girl when a large 100 lb. cabinet fell over on to her while shopping at a Home Depot store in Janesville, Wisconsin. Plaintiff's parents sued Home Depot on their own behalf and on behalf of the minor child asserting negligence as well as a claim for punitive damages based on allegedly other substantially-similar incidents. It was alleged that the Plaintiff sustained a traumatic brain injury as a result of the accident and that thereafter the child developed post-traumatic epilepsy. It was also claimed that the child had a variety of other impairments arising out of the traumatic brain injury including cognitive and motor control difficulties as well as behavior problems. Additionally, the child was diagnosed with ADHD allegedly occurring as a result of the traumatic brain injury. Plaintiff retained five medical and vocational rehabilitation experts to testify. Additionally, there were over ten treating medical providers, including pediatricians, neurologists, and occupational therapists who were to testify for the Plaintiff. The defense retained three experts, a neuro-developmental specialist, a pediatric neurologist, and a neuropyschologist. Settled during trial.