Nicole C. Leet is the author of the Georgia chapter of the Construction Litigation Desk Reference A State-by-State Compendium recently published by DRI. This comprehensive book contains information covering all 50 states focusing on topics important to the construction industry such as: insurance; causes of action; construction/materialman’s liens; surety/bond issues; defenses; arbitration/ADR; and damages.
In April, David C. Sawyer, an attorney at Gray, Rust, St. Amand, Moffett & Brieske, LLP, won a defense verdict in a breach of contract and negligent construction case before Judge Linda Hunter in the Superior Court of DeKalb County. The plaintiffs sued the defendant over a custom designed and built 750 gallon aquarium that they alleged was defective. Experts from both sides agreed that there was nothing in the design or construction of the aquarium which would make it uninhabitable for fish. The plaintiffs asked the jury for a verdict of around $180,000 in damages for the money they… Read More.
Candis R. Jones is a 2016 graduate of the GABWA Judicial and Public Office Academy. The GABWA Judicial and Public Office Academy is a highly competitive training program that is geared at educating attorneys on the processes of running and/or being appointed to public office. For over a period of six (6) weeks, JPOA participants undergo both classroom sessions and practical experiences to better assist and prepare the participants for judicial and public office. The JPOA sessions are led by federal and state court judges, public officials, and campaign professionals.
Nicole C. Leet has been selected to moderate at the DRI Construction Law Seminar on June 3, 2016. DRI’s Construction Law Seminar is renowned as one of the foremost gatherings of construction industry professionals. As the construction industry heads toward a future filled with uncertain legal and practical challenges, this seminar will provide a compelling discussion of anticipated legal and construction trends, including in the energy sector and catastrophic loss generated by evolving geophysical processes. Leading industry personnel and construction lawyers will discuss current and future thinking and practices in construction and offer valuable insights in the areas of construction law,… Read More.
Nicole C. Leet will be speaking at a CLE event on Wednesday, February 3, 2016. To learn more about the event visit www.atlantabar.org events.
Mr. Matthew Moffett, Attorney, Gray, Rust, St. Amand, Moffett & Brieske, LLP will be speaking on the topic “Independent Counsel in Environmental/Toxic Tort Cases.” This conference offers the latest in topics from both the Construction and Environmental Committees. A wide range of issues will be covered including genetics and toxic tort claims, developing effective national defenses, green coverage, building information modeling (BIM), design professional and contractor risk transfer, multi-party litigation, ISO amendments, and more. Matt Moffett is a civil litigation defense attorney of 23 years, handling cases in both state and federal courts. His legal ability is rated “AV”, as… Read More.
On Monday April 7, 2014 Judge Thomas Thrash of the United States District Court for the Northern District of Georgia ruled in favor of our client, National Casualty Company (“National Casualty”) in a declaratory judgment action arising out of extreme claims of teacher abuse. David Sawyer and I represent National Casualty. National Casualty Company v. Melanie Pickens, et al. RP was a student at Hopewell Middle School in Atlanta from 2004-2007. She had been diagnosed with Down syndrome and suffered from other medical ailments. Melanie Pickens was her special education teacher. RP and her parents filed suit against Pickens asserting various… Read More.
On March 27, 2014 the Georgia Court of Appeals ruled for our client, RFM Development Company (“RFM”), in a lawsuit in which the Plaintiff was severely injured when he fell through an uncovered hole on a construction site where he was working. Seimer et al vs. RFM Development Co. et al. Nicole Leet and I represent RFM and were successful in obtaining summary judgment in the State Court of Cobb County on behalf of RFM. The Plaintiff appealed and the Court of Appeals agreed that summary judgment for RFM was appropriate.
Recently, Chris Ziegler, Debbie Haan, and I successfully represented our client, the owner of a building in DeKalb County, in a lawsuit brought by a former tenant who claimed that roof leaks had substantially damaged its property and cost it millions of dollars in lost business. At the close of discovery, we filed a motion to dismiss the Plaintiff’s complaint for withholding relevant documents until the very end of discovery and violation of a prior Order from the court. After several hearings, Judge Stacey Hydrick of the State Court of DeKalb County granted our motion and dismissed the Complaint with… Read More.
We often discover that a company’s vendor contracts promise protection for the company in the event of a lawsuit. When we see indemnity or insurance procurement provisions in these contracts, we evaluate risk-shifting and money-saving opportunities for the company we represent. Often, these contract provisions mean the other party and its insurer will pay for your “lunch” by paying your defense costs and settlement costs. This is exactly the result we achieved for a client in a recent premises liability negligent security lawsuit. Read more on Matt’s blog…