DAVID J. MARMINS is a Partner who practices in Balch & Bingham's Litigation and Creditors Rights and Bankruptcy Sections in the Atlanta, Georgia office. David has significant experience handling commercial and real estate related disputes. David’s real estate work focuses on land use disputes, construction litigation and homeowners association matters. David’s practice also includes the representation of creditors and other major parties-in-interest in chapter 11 bankruptcy cases, commercial litigation, and other credit defaults. David also handles a variety of general business litigation and government affairs matters. He has tried cases in federal and state courts throughout Georgia. David has been recognized by Law & Politics and Atlanta Magazine as a Georgia Super Lawyer "Rising Star” annually since 2005. David has been rated “AV” by Martindale Hubbell.

David began his career as an Assistant Attorney General for the State of Georgia in the Civil Rights Litigation section, followed by two years at Carter & Ansley, where his emphasis was in premises and construction liability defense. David joined Balch in January 2000. David also worked as a reporter for the Fulton County Daily Report before attending law school.

David is on the Metro Atlanta Chamber of Commerce Economic Development Committee and is active in the Georgia Chapter of the Community Association Institute. David completed the Anti Defamation League's Glass Leadership Institute in 2010 and now serves on the ADL's Civil Rights and Leadership Development Committees. He is admitted to practice in all state and federal trial and appellate courts in Georgia, and has argued before the Eleventh Circuit Court of Appeals, Supreme Court of Georgia and Georgia Court of Appeals.

He and his wife, Amanda, reside in Vinings with their daughter, Tatum and son, Alec.

Reported Cases:

Federal:
Wilson et al. v. Pepsi Bottling Group, Inc and Atlanta Retailers Association, LLC, 609 F. Supp. 2d 1350 (N.D. Ga. 2009); Chappetto v. Condominium Concepts Mgmt., 2008 U.S. Dist. LEXIS 61778 (M.D. Fla. 2008); Sony BMG Music Entm't v. Lee, 2007 U.S. Dist. LEXIS 30141; Elektra Entertainment Group v. Brimley, 2006 U.S. Dist. LEXIS 56798; Chandy v. RaceTrac Petroleum, Inc., 147 Fed. Appx. 811 (2005), Worsham v. Provident Cos., 249 F. Supp. 2d 1325; 2003 U.S. Dist. LEXIS 9296 (N. D. Ga. 2003); Miller v. Tanner, 196 F.3d 1190 (11th Cir. 1999); Oglesby v. Ray, 8 F.Supp.2d 1379 (N.D. Ga. 1998); Matheny v. Boatright, 970 F.Supp. 1039 (S.D. Ga. 1997)

State:
Troutman v. Troutman et al., 297 Ga. App. 62 (2009); Knott v. Evans, 280 Ga. 515 280 Ga. 515; 630 S.E.2d 402 (2006); Southland Dev. Corp. v. Battle, 272 Ga. App. 211; 612 S.E.2d 12; (2005) Lake Arrowhead Property v. Dalton, 257 Ga. App. 655; 572 S.E.2d 25 (2002); Enre Corp. v. Wheeler County, 274 Ga. 17, 549 S.E.2d 677 (2001); Maquire v. Dominion Dev. Corp., 241 Ga. App. 715, 527 S.E.2d 575 (2000); Smith v. Adamson, 487 S.E.2d 386, 226 Ga. App. 698 (1997); Williams v. Dept. of Corrections, 481 S.E.2d 272, 224 Ga. App. 571 (1997); Long v. Hall County, 467 S.E.2d 186, 219 Ga. App. 853 (1996)

Representative Experience

• • Has won judgments and obtained lucrative settlements on behalf of financial institutions in several cases involving borrowers and guarantors who failed to repay debts and fraudulently conveyed assets. 
  • Represents the Plan Administrator of the Bankruptcy Estate of Cornerstone Ministries, Inc.  Duties include reviewing over 6000 claims totaling over $300,000,000 for objections; pursuing claims against directors, officers and professionals for fraud and other misfeasance; prosecuting adversary proceedings involving preference and deficiency claims; and providing general representation services in all facets of this Chapter 11 matter.
  • Won summary judgment on behalf of home purchasers seeking rescission of their contacts for non-completion of their homes. The developer claimed it was absolved of its duty to complete the homes due to an Act of God, specifically Hurricane Katrina. The Court ruled that the Act of God defense was not applicable because Hurricane Katrina at most made it more difficult for the developer to complete the homes.
  • Won an injunction stopping a Recall Election of the Chairman of the Gwinnett County Board of Commissioners. The Court ruled that the Gwinnett Recall Committee did not prove there was probable cause to believe that the Commissioner had committed any acts that adversely affected the citizens of the County and Enjoined the Elections Director from proceeding with the Recall Election.
  • Won summary judgment for a retailers association of 800+ stores in defense of a class action in which plaintiffs alleged that the group’s membership criteria and contracts with vendors discriminated on the basis of race and, therefore, violated 42 U.S.C. Section 1981.
  • Obtained a new trial on behalf of a legal malpractice defendant following a $2 million plaintiff’s verdict. The trial court granted the motion for new trial based on the potential bias of the jury foreman.
  • Won a Georgia Court of Appeals reversal of a jury verdict on behalf of a brother opposed by his five siblings and father contesting his ownership of a 250 acre family farm. The Court clarified the law on fraud and constructive trusts in Georgia and held that the trial court should have granted the brother’s directed verdict motion.
  • Obtained a judgment of $375,000 in favor of a family that was the victim of a fraudulent real estate deal involving the sale of a $145,000 condominium conversion from an existing apartment complex. The judgment included all of the family's attorneys' fees and $225,000 in punitive damages.
  • Won a $5.58 million jury verdict on behalf of several condominium owners against a national engineering firm for claims arising from professional negligence in the civil design of sewer pipes that tied the building in to the City of Atlanta sewer system, causing sewage flooding in the parking garage of the building.
  • Resolved construction defect claims for payment of $1.375 million by the general contractor, developer and architect to compensate homeowners in an Atlanta condominium for waterproofing and structural problems with the building.
  • Resolved construction defect claims for payment of $1 million by a general contractor and architect to compensate homeowners for water leaks and mold in several parts of the building.
  • Won a jury trial on behalf of Lake Hartwell, Georgia homeowners against the owners of a nearby motocross track. The Jury found that the public operation of the motocross track was a nuisance.
  • Won a jury trial in a case of first impression establishing a citizen’s right to take State land for a road to access private property. State eventually paid $1.5 million to landowners in lieu of appealing the decision.
  • Won an emergency injunction stopping the construction of condominiums in a DeKalb County subdivision comprised of over 1000 detached homes.
  • Recovered over $600,000 for national periodical distributor from big box retailer in a commercial contract dispute.
  • Utilized a federal law suit and zoning mechanisms to overcome large, well funded neighborhood opposition to the construction of a religious high school in Buckhead, Georgia.
  • Won a jury trial on behalf of a petroleum company requiring developer of land to pay for installation of sewer to property the company had purchased.
  • Defeated application to change agriculturally zoned land to manufacturing for the construction and operation of an asphalt plant.
  • Defeated application to change agriculturally zoned land to manufacturing for the construction and operation of a towing and storage facility.
  • Won an administrative trial on behalf of developer seeking a variance to construct an access road to a new subdivision in Cobb County, Georgia, which was opposed by local homeowners.
  •  One of several Balch lawyers on a team that defeated the State’s plans to construct a multi-million dollar highway, known as the Northern Arc, on behalf of a 4000 family homeowners’ group.

  PRO BONO

  • David has maintained a commitment to pro bono work throughout his career. He formerly volunteered representing students as part of the Truancy Intervention Project. David has also successfully handled stalking, child support recovery and other domestic cases.
    

PROFESSIONAL ACTIVITIES

• • Member, Southeast Board of Directors of Anti-Defamation League
  • 2009-2010 Anti Defamation League Glass Leadership Institute
  • Metro Atlanta Chamber of Commerce Economic Development Committee
  • Community Association Institute, (Member and Education Session Speaker)
  • Professional Education Systems Institute, LLC, (Speaker)
  • Lorman Education Services, (Speaker)
  • Law & Politics and Atlanta Magazine Georgia Rising Star, 2005-2009
  • Law & Politics and Atlanta Magazine Georgia Super Lawyer, 2010-2011
  • Lawyers Club of Atlanta
  • State Bar of Georgia
    
    

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