Select Matters
- Personal Injury Litigation: Obtained a jury verdict, which was less than 15% of the damages requested by Plaintiff, in a case involving a significant accident after admitting liability.
- FEMA Arbitration: Obtained an award of $2.34 million dollars for an electric membership corporation on appeal from the denial of disaster relief assistance.
- Noise Nuisance Litigation: Favorably resolved several noise nuisance cases against power plant using gas-fired combustion turbine units.
- Nuisance Litigation: Obtained summary judgment on several nuisance claims, alleging a biomass plant negligently exposed the surrounding area to excessive noise, vibrations, smoke, light, odor and water pollution.
- Patronage capital class actions: Developed strategy leading to trial court’s dismissal and Court of Appeals affirmance of two class action, patronage capital lawsuits filed against three named distribution EMCs. In both cases, plaintiffs challenged the EMCs’ patronage capital distribution practices using a variety of legal theories. In general, plaintiffs sought to increase electricity rates and remake how EMCs operate in Georgia. The trial court dismissed the claims because nothing in the EMC enabling act or the bylaws requires EMCs to distribute patronage capital to current or former members prior to dissolution unless the Board of Directors decides to do so. (2017, Walker v. Oglethorpe Power Corp., A17A0384 Ga. Ct. App.; Shapiro v. Oglethorpe Power Corp., A17A0385 Ga. Ct. App.)
- Environmental Tort Litigation: Successfully defended Fortune 500 corporation in suits alleging personal injuries and property damages arising from operations of a coal-fired generation plant. Specifically, plaintiffs alleged air emissions, coal ash handling, and use of unlined coal ash ponds caused the release of hazardous substances into soil, air, and groundwater. Ultimately, suits were dismissed.
- Aviation Litigation: Successfully represented electric utility in defense of negligent pole placement and construction claims following collision of jet into utility pole, including defense that crash was in fact caused by pilot error and fatigue.
- Fire Claims: Lead investigation of numerous fire claims for electric utilities, including coordinating scene inspections and laboratory exams, where cause was determined not to be the utility, and no suits were filed. Successfully obtained summary judgment in several fire subrogation suits by showing no breach of the standard of care by the electric utility.
- Pole Attachments/Joint Use: Represent electric utilities in contract disputes, negotiations, regulatory proceedings and litigation, involving pole attachment and joint use agreements.
- AMI: Represent electric utilities in legal issues (contracting and litigation) related to installation, maintenance, and use of AMI systems.
- Electric Contact Wrongful Death Action: Crafted legal arguments leading to grant of summary judgment for EMC, which was affirmed after argument in the Georgia Court of Appeals, holding the utility is not the proximate cause of injuries sustained when a vehicle strikes a utility pole located well off the traveled portion of a road. (2009, Meadows Diverse Power, Inc., 296 Ga.App. 671)
- Negligent Lighting Action: Obtained dismissal, which was affirmed on appeal, of wrongful death case alleging electric utility failed to maintain adequate street lighting. (2017, Whitesell v. Georgia Power Company, No. A17A0590, 2017 WL1406999, Ga. Ct. App.)
- Roll-over Wrongful Death Actions: Obtained favorable resolution of several wrongful death and catastrophic injury cases arising from passenger van roll-over accident, including failure to warn of allegedly defective van and other negligence claims.
Publications
News
Speaking Engagements
Credentials
Education
- Mercer University School of Law, J.D. & Certificate in Advanced Legal Writing, 2005, cum laude
- University of Georgia, B.A., 2002,
cum laude
Courts
- U.S. Supreme Court
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Middle District of Georgia
- U.S. District Court, Southern District of Georgia
- Georgia State Courts
- Georgia Superior Court
- Georgia Court of Appeals
- Supreme Court of Georgia
Bar Admissions
- Georgia, 2005
Professional Affiliations
- Georgia Judicial Nominating Commission, 2019-present
- Women’s Energy Network, President, 2020; Past-President, 2021-2022
- Georgia Electric Membership Corporation Counsel Association
- State Bar of Georgia
- Georgia Commission on Continuing Lawyer Competence, 2017-2021; Chair, 2022
- Bench and Bar Committee, 2017-2020
- YLD Executive Committee, Director of Leadership Development, 2014-2016
- Leadership Academy, co-chair, 2014-2016
- YLD Northern District Representative to Executive Council, 2010-2012
- YLD Rules, Bylaw and Procedures Committee, chair, 2011-2012
- Mercer University School of Law, Board of Visitors 2021-2023; Alumni Board President, 2018-2020
- Georgia Defense Lawyers Association, Vice Chair, Amicus Committee, 2020-2022
- DRI - Lawyers Representing Business
- American Bar Association
Awards & Accolades
- State Bar of Georgia, Young Lawyers Division 2016, Award of Achievement for Service to the YLD
- Georgia Super Lawyers, Rising Star 2012, 2013, 2015 - 2019
- YLD Leadership Academy Class, 2008
- Benchmark Litigation, Under 40 Hot List, 2017 - 2020
- The Best Lawyers in America®, Mass Tort Litigation / Class Actions - Defendants, Personal Injury Litigation – Defendants, 2023 & 2024