Results – Carlock Copeland https://carlockcopeland.com Thu, 20 Sep 2018 16:33:34 +0000 en-US hourly 1 Rogers and Kingma Win Summary Judgment in Legal Malpractice Claim Arising From Prominent Divorce https://carlockcopeland.com/results/rogers-kingma-win-summary-judgment-legal-malpractice-claim-arising-prominent-divorce/ Mon, 10 Sep 2018 15:55:11 +0000 https://carlockcopeland.com/?post_type=results&p=17003 Mark Rogers and Joe Kingma won summary judgment for a lawyer in a malpractice suit arising from an ugly, big-dollar, high profile divorce, which had been extensively covered in the national media.  The claim arose from the division of a portfolio of highly appreciated assets, their capital gains implications, and the margin debt included in…

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Mark Rogers and Joe Kingma won summary judgment for a lawyer in a malpractice suit arising from an ugly, big-dollar, high profile divorce, which had been extensively covered in the national media.  The claim arose from the division of a portfolio of highly appreciated assets, their capital gains implications, and the margin debt included in the portfolio.  Mark and Joe sought summary judgment, arguing that (1) plaintiff failed to show a causal relationship between the claimed misconduct and any resulting damages, (2) plaintiff failed to show that she would have obtained a better result at trial, and (3) plaintiff failed to show that she could have obtained a better settlement of her claim.  The Court agreed and granted the motion.  After learning of the Court’s intent, Plaintiff attempted to dismiss the case, but the Court disallowed the dismissal because the judge’s request for an order granting the motion was sufficient to put plaintiff on notice that the Court was ruling in favor of the defendants.

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Plaintiff Dismisses Case Under Pressure From Motion https://carlockcopeland.com/results/plaintiff-dismisses-case-pressure-motion/ Mon, 27 Aug 2018 15:39:37 +0000 https://carlockcopeland.com/?post_type=results&p=16912 Brent Kaufman and Joe Kingma earned a dismissal of claims brought against a law firm. Plaintiff alleged professional negligence, breach of fiduciary duty, breach of contract, and fraud. Brent and Joe brought a strong Motion to Dismiss and Plaintiff dismissed rather than let the judge rule on the motion.

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Brent Kaufman and Joe Kingma earned a dismissal of claims brought against a law firm. Plaintiff alleged professional negligence, breach of fiduciary duty, breach of contract, and fraud. Brent and Joe brought a strong Motion to Dismiss and Plaintiff dismissed rather than let the judge rule on the motion.

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Franchisee’s Federal RICO Claim Sunk by Motion to Dismiss https://carlockcopeland.com/results/franchisees-federal-rico-claim-sunk-motion-dismiss/ Tue, 21 Aug 2018 14:57:05 +0000 https://carlockcopeland.com/?post_type=results&p=16937 Shannon Sprinkle and John deMoulpied obtained a dismissal of a federal civil RICO claim alleged by a former franchisee against a franchisor relating to the franchisor’s merged video platform delivery services. The franchisee-plaintiff, a public utility provider of broadband DSL and TV services in Oregon, Idaho, and Nevada, alleged that the franchisor and its affiliated entities…

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Shannon Sprinkle and John deMoulpied obtained a dismissal of a federal civil RICO claim alleged by a former franchisee against a franchisor relating to the franchisor’s merged video platform delivery services. The franchisee-plaintiff, a public utility provider of broadband DSL and TV services in Oregon, Idaho, and Nevada, alleged that the franchisor and its affiliated entities had engaged in a scheme to defraud it and other companies, by misrepresenting the expected performance and profitability of the franchise, in violation of the federal RICO statute. The defense moved to dismiss the RICO claim, arguing that the plaintiff had failed to adequately plead the alleged misrepresentations. The U.S. District Court for the Northern District of Georgia agreed, dismissing the RICO claim without prejudice.

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Doug MacKelcan and Kristen Thompson Obtain Dismissal for Law Firm Clients in FDCPA Class Action https://carlockcopeland.com/results/doug-mackelcan-kristen-thompson-obtain-dismissal-law-firm-clients-fdcpa-class-action/ Tue, 07 Aug 2018 20:38:21 +0000 https://carlockcopeland.com/?post_type=results&p=16904 Doug MacKelcan and Kristen Thompson obtained an Order granting their Motion to Dismiss on behalf of two Law Firm clients in a class action lawsuit in District Court of South Carolina, Charleston Division. Plaintiffs asserted claims for Violations of the Fair Debt Collection Practices Act (FDCPA), Intentional Interference with a Contractual Relationship, Abuse of Process,…

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Doug MacKelcan and Kristen Thompson obtained an Order granting their Motion to Dismiss on behalf of two Law Firm clients in a class action lawsuit in District Court of South Carolina, Charleston Division. Plaintiffs asserted claims for Violations of the Fair Debt Collection Practices Act (FDCPA), Intentional Interference with a Contractual Relationship, Abuse of Process, and Declaratory Judgment, allegedly arising out of the filing and foreclosure of liens for unpaid community association assessments. Doug and Kristen argued procedural and substantive defenses in support of the Motion to Dismiss, and the Court agreed in dismissing the case against their clients.

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Kathy Carlsten and Clinton Magill Secure Dismissal of Zoning Citations for Moving & Storage Company Client https://carlockcopeland.com/results/kathy-carlsten-clinton-magill-secure-dismissal-zoning-citations-moving-storage-company-client/ Tue, 07 Aug 2018 20:24:37 +0000 https://carlockcopeland.com/?post_type=results&p=16900 Kathy Carlsten and Clinton Magill recently secured a dismissal of two zoning citations for their moving and storage company client in North Charleston, South Carolina.  In this enforcement matter, municipal authorities cited their client’s employee for alleged land-use and buffer-zoning violations.  In response, Kathy and Clinton opposed the merits of the citations on grounds that…

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Kathy Carlsten and Clinton Magill recently secured a dismissal of two zoning citations for their moving and storage company client in North Charleston, South Carolina.  In this enforcement matter, municipal authorities cited their client’s employee for alleged land-use and buffer-zoning violations.  In response, Kathy and Clinton opposed the merits of the citations on grounds that the land-use actually conformed with the municipal ordinance and that the ordinance was otherwise unconstitutionally vague and overbroad.  After several months of meetings and negotiations regarding the subject land-use, Kathy and Clinton secured a dismissal of the charges against their client.  As a result, the zoning enforcement action was dropped against their client and its employee.

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Sarah Wetmore and Clinton Magill Obtain Voluntary Dismissals for their Foundation Subcontractor Client in Three Separate Cases https://carlockcopeland.com/results/sarah-wetmore-clinton-magill-obtain-voluntary-dismissals-foundation-subcontractor-client-three-separate-cases/ Tue, 07 Aug 2018 20:19:47 +0000 https://carlockcopeland.com/?post_type=results&p=16898 Last week, Sarah Wetmore and Clinton Magill obtained a voluntary dismissal of a plaintiff’s claims against their subcontractor client in an 8-figure construction defect dispute in Horry County, South Carolina.  In that case, a homeowners’ association sued various subcontractors, bringing three claims against each for negligence/gross negligence, breach of warranties, and unfair trade practices.  In…

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Last week, Sarah Wetmore and Clinton Magill obtained a voluntary dismissal of a plaintiff’s claims against their subcontractor client in an 8-figure construction defect dispute in Horry County, South Carolina.  In that case, a homeowners’ association sued various subcontractors, bringing three claims against each for negligence/gross negligence, breach of warranties, and unfair trade practices.  In response, Sarah and Clinton filed a motion to dismiss the plaintiff’s claims on several grounds.  With a hearing on the dispositive motion looming, With the hearing on the dispositive motion looming, plaintiff agreed to voluntarily dismiss, without prejudice, all of their claims against their client.  Thus, as a result of their motion and creative legal arguments, Sarah and Clinton secured a dismissal of the plaintiff’s claims without having to go forward with the hearing.  The dismissal was without prejudice, so there is technically a potential for a “round two” in the future.  Notably, however, in the last nine (9) months Sarah and Clinton have obtained similar dismissals by a general contractor against their foundation subcontractor client in two separate cases involving different construction projects in Horry County.  To date, those dismissals remain undisturbed.

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Jay O’Brien Prevails on Motion to Dismiss https://carlockcopeland.com/results/jay-obrien-motion-dismiss/ Tue, 07 Aug 2018 19:49:59 +0000 https://carlockcopeland.com/?post_type=results&p=16891 Jay O’Brien prevailed on a motion to dismiss with prejudice in favor of an employee and the owner/operator of a residential reentry facility, or halfway house, that provides services to inmates that are transitioning from a federal correctional facility back to society.  The Plaintiff, one of the residents assigned to the facility, alleged that he…

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Jay O’Brien prevailed on a motion to dismiss with prejudice in favor of an employee and the owner/operator of a residential reentry facility, or halfway house, that provides services to inmates that are transitioning from a federal correctional facility back to society.  The Plaintiff, one of the residents assigned to the facility, alleged that he was forced by the Defendants to register as a sex offender with the Fulton County Sheriff’s Department, despite Plaintiff’s understanding that there was no such requirement that he register as a sex offender.  Plaintiff alleged that he eventually registered as a sex offender, but it was determined three weeks later by the Georgia Bureau of Investigation, that Plaintiff was not a sex offender, so his name was removed from the list.  Plaintiff alleged that his name continued to be listed on internet sites as a registered sex offender.

The initial lawsuit was filed in 2015, and alleged defamation.  The lawsuit was later dismissed without prejudice, but then re-filed within the six month period permitted by the Georgia renewal statute.  After the suit was re-filed, Plaintiff failed to timely serve the corporate defendant with process until 87 days after re-filing his lawsuit; and he never served the employee.  A motion to dismiss was filed on the grounds that the claims were barred by the statute of limitation because Plaintiff failed to exercise due diligence in perfecting service of process in a timely manner on the Defendants.  After the motion to dismiss was filed, in an effort to avoid the statute of limitation bar, Plaintiff amended his complaint to allege that the defamation was a continuing tort, as he was still listed on the internet as a sex offender, and therefore, the statute had not yet started to run.  The judge agreed with the Defendants and granted the dismissal with prejudice.

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Dismissal of Employee’s Request for Permanent Protection Order Obtained for Company CEO https://carlockcopeland.com/results/dismissal-employees-request-permanent-protection-order-obtained-company-ceo/ Tue, 07 Aug 2018 19:07:23 +0000 https://carlockcopeland.com/?post_type=results&p=16887 Shannon Sprinkle and Tawny Mack successfully defended against an employee’s request for a Permanent Protection Order against her supervisor, who was the CEO of her employer. The employee obtained an Ex Parte Protection Order against the CEO alleging that she was harassed and fearful for her safety. Shannon and Tawny vigorously defended against those allegations…

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Shannon Sprinkle and Tawny Mack successfully defended against an employee’s request for a Permanent Protection Order against her supervisor, who was the CEO of her employer. The employee obtained an Ex Parte Protection Order against the CEO alleging that she was harassed and fearful for her safety. Shannon and Tawny vigorously defended against those allegations and ultimately persuaded the Court during a bench trial to dismiss the employee’s request for a permanent order showing that she had failed to prove her case.

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Defense Verdict Obtained in Nuisance Case Against Municipal Water Authority https://carlockcopeland.com/results/defense-verdict-obtained-nuisance-case-municipal-water-authority/ Sun, 29 Jul 2018 15:47:42 +0000 https://carlockcopeland.com/?post_type=results&p=16917 Dave Root and Claire Sumner obtained a defense verdict in a nuisance case filed against a municipal water authority.  Plaintiffs, a nationally-known appliance retailer and distributor, alleged that the water authority designed, operated, and maintained a nuisance in the county water system, which system was known to have high and fluctuating pressures.  Plaintiffs alleged these…

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Dave Root and Claire Sumner obtained a defense verdict in a nuisance case filed against a municipal water authority.  Plaintiffs, a nationally-known appliance retailer and distributor, alleged that the water authority designed, operated, and maintained a nuisance in the county water system, which system was known to have high and fluctuating pressures.  Plaintiffs alleged these pressures led to the generation of a water hammer that ultimately caused the failure of a sprinkler head in their distribution warehouse, leading to over $1.4 million in damages.  The defense argued that Plaintiffs had failed to prove the failure was caused by water hammer and/or demonstrate any action by the Authority supposedly leading to the generation of a water hammer.  The case was tried before a Jackson County, Georgia jury, who returned a verdict in favor of the Defendant.

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Court of Appeals Reverses Denial of Motion to Dismiss https://carlockcopeland.com/results/court-appeals-reverses-denial-motion-dismiss/ Fri, 27 Jul 2018 15:45:22 +0000 https://carlockcopeland.com/?post_type=results&p=16914 Jennifer Guerra and Joe Kingma won a complete dismissal for their law firm client in a case with some troubling facts. As is not uncommon in recent years, the law firm was sued by its party opponent after the underlying case was adjudicated adversely to the firm’s client. The Complaint alleged malpractice, simple negligence, breach…

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Jennifer Guerra and Joe Kingma won a complete dismissal for their law firm client in a case with some troubling facts. As is not uncommon in recent years, the law firm was sued by its party opponent after the underlying case was adjudicated adversely to the firm’s client.

The Complaint alleged malpractice, simple negligence, breach of fiduciary duty and intentional misconduct. Jennifer and Joe filed a motion to dismiss and the motion was denied. Denials of such motions are not uncommon. What was uncommon was that the Court of Appeals accepted the case on an Application for Interlocutory Appeal. Then the Court of Appeals reversed granting complete victory to Carlock Copeland’s client.

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