James T. Brieske

James T. Brieske

Contact Information

Address:
1700 Atlanta Plaza
950 East Paces Ferry Road
Atlanta, Georgia 30326

 

Phone:
(404) 870-7387

 

Fax:
404-870-7374

 

E-mail:
jbrieske@grsmb.com

 

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Biography

James T. Brieske graduated from the University of Georgia of Law, Cum Laude in 1990. Since that time, he has maintained a defense oriented trial practice in the State of Georgia in both state and federal courts.

Mr. Brieske’s areas of practice are insurance defense litigation, insurance coverage advice and litigation, premises liability, commercial litigation, homeowner’s liability litigation, and employer and insurer workers’ compensation defense. Since 1992, Mr. Brieske has tried and mediated numerous cases in these areas and has obtained favorable results for his clients. Mr. Brieske has also provided coverage advice, drafted reservation of rights and coverage disclaimer letters for several insurance companies with respect to pending litigation. For example, Mr. Brieske and his partner, Michael Rust, served as southeastern coverage counsel and provided coverage advice and drafted reservation of rights and disclaimer letters to one of the firm’s insurance clients as to its potential liabilities arising out of insurance policies provided to funeral homes who had been sued as a result of the North Georgia TriState Crematory litigation. Mr. Brieske also has provided coverage advice to several of the firm’s insurance and business clients for their liability under both homeowners, business and law enforcement policies concerning their obligations arising out of litigation involving sexual abuse, harassment, molestation and other intentional torts. Last, Mr. Brieske currently serves as Georgia coverage and bad faith counsel for a national insurance client specializing in homeowners and automobile liability insurance coverage. Mr. Brieske heads our firm’s workers compensation defense team and litigates claims on behalf of employers and insurers through the State of Georgia. Mr. Brieske has also taught and chaired seminars on insurance coverage, defense of automobile liability claims, ethics, workers compensation and uninsured motorist coverage and litigation.

Mr. Brieske has lived in Atlanta, Georgia since the age of 5 and attended St. Pius X High School. Mr. Brieske and his wife, Cindy, currently live in the Northlake area of DeKalb County and have a son and daughter, Georgia and Nathan. Mr. Brieske is also active in the Atlanta Bar Association, sports leagues, and has been a member of Atlanta Bar Association’s championship teams in flag football and softball.

 

Representative Cases

Tims v Hassleberger 298 Ga. App. 256 (2009)
Mr. Brieske successfully argued in Georgia Court of Appeals that insured homeowner parents did not owe a duty to prevent the death of a minor who consumed alcohol and methadone pills at a party held by their 17-year-old son while they were out of town. Wrongful death case vs. parents dismissed.

Mays v Bamps (2003)
Mr. Brieske obtained a defense verdict after four day jury trial in DeKalb County in serious injury automobile vs. pedestrian case where DUI was alleged. Plaintiff claimed $1.4 million in damages.

Mulligan v Selected 28 Ga. 753 (2011)
Mr. Brieske successfully obtained order from Supreme Court of Georgia affirming ruling that a technical violation of the State Board of Worker’s Compensation rule regarding preauthorization of medical care did not make employer or insurer responsible for employee’s second back surgery. At hearing level, Mr. Brieske won ruling that Insurer not responsible for tens of thousands of medical costs and continued payment of income benefits.

Bell v Crook (2011)
Mr. Brieske obtained defense verdict in defamation suit claiming over one million dollars in compensatory and punitive damages before a Fayette County jury.

Heretyk v. PMA Cemeteries, Inc., 611 S.E.2d 744 (Georgia Court of Appeals 2005)

Manning v. USF&G Ins. Co., 589 S.E.2d 687 (Georgia Court of Appeals 2003)

Peachtree Cas. Ins. Co. v. Bhalock, 556 S.E.2d 218 (Georgia Court of Appeals 2001)

Integon Indem. Corp. v. Henry Medical Center, Inc., 508 S.E.2d 476 (Georgia Court of Appeals 1998)

Rose v. Figgie Intern., Inc., 495 S.E.2d 77 (Georgia Court of Appeals 1997)

Matjoulis v. Integon General Ins. Corp., 486 S.E.2d 684 (Georgia Court of Appeals 1997)

Drake v. Kroger Co., 443 S.E.2d 698 (Georgia Court of Appeals 1994)

Current Employment Position(s):

Partner

Areas of Practice:

Automobile Liability and Uninsured Motorist Defense

Automobile, Commercial and Homeowners Insurance Coverage Disputes

Commercial, Premises and Homeowners Liability Defense

Construction Defect Litigation

Appellate Practice in State and Federal Courts

Employers and Insurers Workers’ Compensation Defense

Insurance Coverage Advice and Litigation

Insurance Bad Faith Prevention and Litigation

Bar Admissions:

Georgia, 1990

Georgia Court of Appeals, 1990

U.S. District Court, 1994

Supreme Court of Georgia, 2003

U.S. Court of Appeals 11th Circuit, 2005

Education:

University of Georgia School of Law, Athens, Georgia, 1990 J.D.

Honors: Cum Laude

Georgia State University, Atlanta, Georgia, 1987 B.A.

Major: Political Science

Major: History

St. Pius X High School, Atlanta, Georgia, 1982

Representative Clients:

Metropolitan Property and Casualty – Georgia Coverage Counsel

Ohio Casualty Group

GMAC Insurance

Waste Transportation and Disposal Inc.

Peachtree Casualty Insurance Company

The Pantry, Inc. – Georgia Counsel

Selective HR Solutions

Utica National Insurance — workers compensation by Utica

Waco Fire and Casualty

Honors and Awards:

Atlanta Magazine’s Rising Stars among Super Lawyers, 2006

Atlanta Magazine’s Rising Stars among Super Lawyers, 2009

Professional Associations and Memberships:

State Bar of Georgia
Member

Atlanta Bar Association
Member

Georgia Defense Lawyers Association
Member

Atlanta Chairs Association, 2007 – 2008
Legislative Committee Chair

Atlanta Chairs Association, 2008 – 2009
Education Committee Chair

Classes/Seminars Taught:

Adjusting the Automobile Injury Claim in GA, Co-Speaker, 1999 – 2000

Uninsured Motorist Law in GA, Speaker, 1999 – 2000; 2002

Atlanta Claims Association – 2009 Ethics Seminar, Co-Chair, 2009

Fraternities/Sororities:

Pi Sigma Alpha

Phi Alpha Delta

Birth Information:

June 1, 1964, Milwaukee, Wisconsin