Litigation Successes
2006
Barbara Ruhl vs. Aqua Toy Store, Inc., Superior Court of Gwinnett County, Georgia: Bryan Busch and Marc Taylor represented the defendant corporation in a breach-of-warranty and -contract claim involving alleged defects of a custom-manufactured product. After a full trial, the jury returned a unanimous verdict in favor of our client, awarding nothing to plaintiff.
Art Connor et al. vs. Peachtree City, Georgia et al., Superior Court of Coweta County, Georgia: Bryan Busch and Marc Taylor represented individual homeowners in a suit against Peachtree City, Georgia, the subdivision developer, and a home builder, alleging claims of nuisance and trespass arising out of surface water flooding. The jury awarded our clients a six-figure judgment for damages, plus attorneys’ fees and injunctive relief to permanently abate the nuisance.
Colorado West Co., Inc. v. Arthur H. McMahon, Jr., United States Bankruptcy Court, Northern District of Georgia: Matt Schuh, Bryan Busch, and Ilene Berman represented the debtor in an adversary proceeding to determine the non-dischargeability of an alleged debt arising from fraud claims involving the sale of a business. The bankruptcy court ruled in favor of our client, awarding no relief to the creditor.
2007
Jane Doe v. Metropolitan Atlanta Rapid Transit Authority, Superior Court of Fulton County, Georgia: Michele Stumpe represented the plaintiff in a negligent security case. After almost three weeks of trial, the jury awarded the plaintiff $1.7 million in damages, and the trial judge added another $300,000 for pre-judgment interest.
Kennedy Contractors, Inc. vs. Petroleum Co., Superior Court of Cobb County, Georgia:
Bryan Busch, Jason Godwin, and Scott Creasman represented the plaintiff, a commercial contractor, in a breach-of-contract case over the construction of a fuel and convenience store. The defendant counterclaimed for breach of contract, seeking over $500,000 in lost profits. The jury returned a unanimous verdict in favor of our client and awarded a six-figure judgment for damages and all attorneys’ fees.
Wright v. The Rymland Group, Inc.W, Superior Court of Cherokee County, Georgia: Bill Leonard asserted claims of fraud, civil RICO, and related counts against three defendants over our client’s $100,000 investment in a failed venture in the Israeli-controlled West Bank. The court awarded our client $300,000 in compensatory damages, $47,250 in pre-judgment interest, $250,000 in punitive damages, and $29,946 in attorneys’ fees.
Great Plains Laboratory, Inc. v. Metametrix Clinical Laboratory, United States District Court, District of Kansas: Todd Jones represented the defendant in a case involving allegations of infringement of a patent on the analysis of levels of certain organic acids in bodily fluids and their correlation with autism. After we challenged the validity of the patent in two summary judgment motions, the parties reached a settlement in which the plaintiff dismissed its claim and received no money from our client.
2008
Steve Chi vs. Pacific Star Broadcasting, Inc., Superior Court of Gwinnett County, Georgia: Bryan Busch and Jason Godwin represented the plaintiff in asserting claims for breach of contract and fraud over the failure to pay brokerage fees in the sale of a business. The jury awarded our client $170,000 in brokerage fees plus all attorneys’ fees.
Dewberry Capital Corporation vs. The Fishmonger, LLC, State Court of Fulton County, Georgia: Jason Godwin and Bryan Busch represented a commercial developer in a breach-of-contract dispute with a tenant. The jury found in favor of our client and awarded all back rents, attorneys’ fees, and immediate possession of the premises.
Christian Clark, et al. v. Michael Ray Phillips, Superior Court of DeKalb County, Georgia: Michele Stumpe represented the plaintiffs in asserting claims for breach of contract, conversion, and civil RICO over the loss of a $115,000 investment. At the conclusion of the evidence in a nonjury trial, the court awarded our clients $473,441.91, which included interest and attorneys’ fees.
Christine Ristuccia v. Super Duper, Inc., United States District Court, Southern District of Georgia: Todd Jones defended our client against allegations of copyright infringement, false advertising, and unfair competition in connection with the sale of educational cards. The court granted summary judgment in favor of our client on all counts.
