Recent Legal Developments

A Rare Motion to Dismiss Granted in a Premises Liability/Negligent Security Lawsuit

Judge Charles Pannell of the United States District Court for the Northern District of Georgia dismissed a lawsuit in which the plaintiff contended that the defendants, owners of an apartment complex, provided inadequate security which resulted in the plaintiff being shot and severely injured. Judge Pannell based his ruling solely on the allegations in the complaint. Nicole Leet and I represent the defendant, Capmark Finance. Wilfred Rivera v. Capmark Finance, Inc., et. al. Continue reading…

Court of Appeals Rules in Favor of Client in Fraud Case

On June 23, 2011, the Georgia Court of Appeals affirmed the entry of summary judgment in favor of a landlord represented by Michael Rust and Bo Moss. Plaintiff, a former tenant, brought claims of fraud against the landlord arguing that the terms of a settlement agreement between the parties were later altered by statements allegedly made by employees of the landlord. In affirming the trial court’s entry of summary judgment, the Court of Appeals agreed with Mr. Rust and Mr. Moss that the plaintiff could not justifiably rely upon any alleged misrepresentations made by the landlord’s employees as any amendments… Read More.

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