Alston & Bird Malpractice Verdict May Exceed $1.4M
Each side's lawyers disagree about how much the award should be reduced under apportionment law.
February 28, 2018 at 06:03 PM
2 minute read
The original version of this story was published on Daily Report
Alston & Bird may be on the hook for as much as $1.4 million between legal fees and damages after a jury came back Wednesday against the firm in an Atlanta malpractice lawsuit.
The Fulton County jury apportioned 32 percent of the blame to the law firm, while laying 60 percent on the former company manager accused of looting the business, and 8 percent to the company itself.
The jury awarded $697,614 in damages and $341,831 in interest, which will be apportioned, and nearly $1.1 million in fees and expenses, which Alston & Bird will have to cover in full.
The verdict left both sides' lawyers arguing over what the apportionment breakdown means. Lead plaintiffs attorney Harmon Caldwell told Superior Court Judge Craig Schwall the awards should only be reduced by the 8 percent blamed on Hatcher Management.
Defense attorney Richard Robbins said the verdict means Alston & Bird is only responsible for 32 percent of the entire award, including the fees and expenses.
Schwall said the plaintiff's version didn't seem to comport with the apportionment law.
“What's the point of the apportionment statute if you can't reduce nonparty fault?” he asked.
“I don't know the answer,” Schwall added, instructing both sides to draft briefs outlying their arguments.
Caldwell said the statute is somewhat confusing but that they believe the proper reduction is 8 percent.
“We were disappointed that the jury did not find the basis for punitive damages, but this was a very well-tried case,” he said.
“This verdict will be on appeal for the next four years,” Robbins said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllState High Court Bucks Trend Favoring Insurers, Sides With Restaurants Seeking COVID-19 Coverage
ZipRecruiter Is Trying to Sabotage Indeed's Website, New Lawsuit Claims
3 minute read'Tacit Collusion'?: Verizon Slams Class Action Demanding $268B in Restitution
3 minute read'Johns Hopkins Preyed on Black Women': Ben Crump Reps Henrietta Lacks Estate
3 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250