- Barrow
v. Palmas del Mar, The United States District Court for the
District of Puerto Rico
Represented the plaintiff, Mr.
Barrow, in a suit seeking enforcement of a right of first refusal granted to
the plaintiff in his employment contract.
The case was tried in the United States District Court old courthouse in Old San Juan and
resulted in an injunction against Palmas del Mar’s further development of
condominium projects without first offering the projects to Mr. Barrow.
- Blackburn & Company, Inc. vs.
George I. Otwell and GIO Media, Inc.; United States District Court for the Eastern
District of Virginia
Represented
defendant Otwell and his media company in a suit seeking to enforce a covenant
not to compete which would have prevented Mr. Otwell from leaving Blackburn and
joining a competing media broker. On the
eve of trial, the court granted Otwell’s Motion for Summary Judgment holding
that covenant not to compete in the employment contract was overly broad and
unenforceable under Georgia law.
- Whitehead v.
Tucker, affirmed at Tucker
v. Whitehead, 155 Ga. App. 104, 270 S.E.2d 317 (1980)
Represented
plaintiff Whitehead in a suit seeking to obtain payment of his "out-of-pocket
expense" for architectural services
furnished in designing an apartment complex where the developer abandoned the
project. The suit was tried to a jury
and resulted in a verdict for Mr. Whitehead that was affirmed on appeal.
- PPG Industries, Inc. vs. Saunders et. al., United States
District Court for the Southern District of Georgia
Represented
plaintiff PPG Industries, a Fortune 500, company in suit seeking to terminate
its jobber agreement with a paint distributor when the distributor took on a
competing paint line. The distributor
alleged defenses of fraud, misrepresentation, course of dealing and breach of
contract. The court granted plaintiff’s
Motion for Summary Judgment holding that PPG was within its rights in
terminating the agreement.
Represented
the purchase money note holders who held a subordinate
security deed when the owner filed a chapter 11 bankruptcy shortly after the Atlanta
Olympics. Advice and action plan
included advising the client on its purchase of the property from the
Bankruptcy Trustee, securing a negotiated settlement with tax deed purchaser,
negotiating new loan with primary lender which allowed the client to operate
the hotel so that the client’s investment could be preserved. Ultimately assisted client with the sale
including payment of insurance proceeds when a fire partially destroyed the
building. Total involvement in this
matter was over more than a ten year period.
- Rybka v. Little Sky, Inc., affirmed Little Sky, Inc. v. Rybka, 264 Ga. App. 744, 592 S.E.2d 154 (2003)
Represented
business sellers in collecting promissory note given for the purchase
price. The buyers alleged that the
sellers’ fraud entitled them to an abatement of the purchase price, failure of
consideration and statute of limitations.
Obtained a Summary Judgment for client which was affirmed on appeal.
- Community
Renewal and Redemption v. Nix,
S10A1727. (GASC)
Represented
Ms. Nix in this action by a party holding the right of redemption of a tax deed after its first appearance in the Georgia Supreme Court. Obtained a dismissal of the case for failure of the plaintiff to make a proper pre-litigation tender. The dismissal was
affirmed by the Supreme Court nearly eight years after its initial filing.
- Business and Commercial Real Estate Transactions
Represented
Crisis Care Network in corporate buyout.
CCN provides critical incident response across the United States from
its headquarters in Grand Rapids, MI. http://ccncorp.blacksnowmedia.com/
Represented
purchasers of the assets of disability management services business.
Represented
purchaser of group of CT and MRI diagnostic imaging centers in its acquisition and refinancing.
Represented
purchasers of industrial building for conversion to warehouse condominium
building and subsequent successful unit sales.
Represented
local retail chain in subdivision of its industrial building and sale of the
available space.
Acted
as Georgia counsel for national apartment owner in Georgia acquisitions.