Representative Cases

REPRESENTATIVE CASES(1)

Probate Litigation

Browner v. Moore & Gant, Superior Court of Clarke County.  Mr. Daniel represented Ava Browner, the sister of disabled war hero, Theodis Gant, in the Superior Court of Athens-Clarke County. Theodis had accumulated $479,790.00 in currency in his Estate. Though he failed designate his sister as the beneficiary in a Last Will and Testament, and State law provides that a sister is not entitled to any portion of an estate when a person dies without a Will and there are living children, Mr. Daniel was able to recover $320,000.00 for Ms. Browner. (Read full case study)

Estate of M S T Smith, Superior Court of Greene County.  Mr. Daniel represented the Estate of M.S.T. Smith and the grandchildren of Mary Sue.  This case involved an allegation of undue influence by the son of Mary Sue to avoid the application of her will.  Mary Sue’s will bypassed her children and granted the majority of her estate to her grandchildren.  Through Power of Attorney, the son conveyed to himself a 604 acre farm and office building, as well as more than $100,000.00 in stock.  The children contended that Mary Sue “changed her mind” about the conveyance and wished for her children to have her assets.   Mr. Daniel filed a Petition to Cancel the Deeds and Set Aside Conveyances and was able to resolve the Estate with the children receiving approximately 8% of the Estate, and the remaining portion going to the grandchildren, Mr. Daniel’s clients.  (Read full case study)

Employment

EEOC v. Pizza…, The United State District Court, M.D. of Georgia. Represented a Pizza business against a charge of sexual harassment against a supervisor. Obtained a successful result with the District Court dismissing the case on summary judgment.

Larosa v.GP, The United States District Court, M.D. of Georgia. Represented GP concerning an age discrimination claim. Following a five day trial the jury returned a defense verdict.

Pittman v. U…of Georgia Corporation, The United States District Court, M.D. of Georgia. Served as counsel for U… of Georgia Corporation in a race and sex discrimination claim.

Lloyd v. … … Health Systems, The United States District Court, M.D. of Georgia & the United States Circuit Court of Appeals for the Eleventh Circuit. Represented ABHS concerning a race discrimination claim. The Court dismissed the claim on summary judgment. The Court’s decision was sustained on appeal to the Eleventh Circuit Court of Appeals.

Colbert v. … … Health Systems, The United States District Court, M.D. of Georgia. Represented ABHS concerning a race discrimination claim. The Court dismissed the claim on summary judgment. The Court’s decision was sustained on appeal to the Eleventh Circuit Court of Appeals.

Turner v. Secretary of the Air Force, The United States District Court, N.D. of Florida. Served as Co-counsel, Special Assistant U.S. Attorney, defending the Department of the Air Force in a Class Action lawsuit involving 200 present and former minority employees at Elgin Air Force Base. The primary case was settled through the establishment of a complaint system governed by a consent judgment. The consent judgment allowed the class members to by-pass the EEOC on claims of individual discrimination and have cases heard by the District Court. In addition to representing the Air Force on the main case, served as lead counsel on three individual cases which were tried to verdict and co-counsel on six cases that were tried to verdict.

Representation has been provided to numerous companies in EEOC investigations where suit was not filed.

Government

U.S. v. City of Monroe, The Supreme Court of the United States. Defended the City of Monroe in a case brought under the Voting Rights Act by the United States Department of Justice. Justice Department contended the voting system for the city’s Mayor violated the act. Lead counsel on appeal to the United States Supreme Court. The United States Supreme Court reversed the District Court and declared the City of Monroe’s voting practice complied with the Voting Rights Act.

Denson v. Daniels, Superior Court of Clarke County, Georgia. Represented the Mayor of Athens Clarke County in a recall petition filed to remove the Mayor. Successfully defended the Mayor against the recall and recovered attorney’s fees against the recall applicant.

Thomas v. Williams, Superior Court of Madison County, Georgia. Represented a Member of the Madison County Commission in a recall petition filed to remove the Commissioner. Successfully defended the Commissioner against recall and recovered attorney’s fees against the recall applicant.

Adams v. Layson & Yon, Superior Court of Putnam County, Georgia. Represented Steve Layson, Chairman of the Putnam County Board of Commissioners, and Sylbie Yon, Commissioner, concerning a defamation suit. The case was settled by the County’s carrier for nuisance value. The case was favorably settled.

Elder v. Barrow County Commission, Superior Court of Barrow County, Georgia. Represented the Chairman of the Barrow County Commission in a dispute with the Commission over duties of the Chairman. A favorable ruling was obtained.

In re … … Towers, Superior Court of Clarke County, Georgia. Represented a regional tower company to enforce their right to erect a cell tower. Successfully argued that the Federal Telecommunications Act pre-empted local zoning ordinances.

Education

Professional Association of Georgia Educators. Has served as Regional Counsel for PAGE for approximately 15 years. In this capacity, representation of Educators at all levels has been provided with a primary focus on K-12. Representation has been provided to approximately 300 Educators before various School Boards under the Georgia Fair Dismissal Act and Local and State Grievance Procedures. Routinely handle Educator proceedings initiated by the Georgia Professional Standards Commission.

Intellectual Property

Andritz v. S… Maintenance Company, The United States District Court, M.D. of Georgia. Represented an area manufacturer against an international company on allegations of misappropriations of trade secrets and copyright infringement. The case was successfully negotiated to a favorable settlement.

Cannon v. G…, The United States District Court, M.D. of Georgia. Represented an international company on allegations of misappropriations of trade secrets and copyright, and alleged violation of the Federal Computer Privacy Act. The case was successfully negotiated to a favorable settlement.

Herstal v. … Armory, The United States District Court, M.D. of Georgia. Serving as local counsel for a regional Armory on allegations of patent infringement. The case is pending.

Other Complex Litigation

Lay Brothers, Inc. v … Food Stores, Inc., The Georgia Court of Appeals. Represented client before the Georgia Court of Appeals on an underground storage tank and breach of lease claim. Successfully appealed adverse verdict on the issue of proof required for damages. The Georgia Court of Appeals rendered a decision in favor of client establishing new law on the issue of proof required for damages.

Puckett v. R..M.., Inc., The United States District Court for the Northern District of Alabama. Represented client, a pet pharmaceutical manufacturing company, on a defective product claim. The case attempted to certify a national class alleging defective product. Mr. Daniel was successful in defeating certification of the class and having the claims dismissed through summary judgment.

In re: Avondale Shipyards, Circuit Court for the Orleans Parrish, New Orleans, La. Served as co-counsel for client in two trials arising from alleged injuries received by employees and former employees of Avondale Shipyards as a result of exposure to asbestos dust. Each action involved ten Plaintiffs and up to twenty Defendants. Each trial lasted approximately four weeks. In each case the client received a defense verdict.
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(1) While Mr. Daniel’s clients have authorized the use of the information from these representative cases, due to the fact that this document may be subject to release under the Georgia Open Records Act, certain clients’ identities may be obscured.

Additional Awards & Recognition

Awarded Legion of Merit by the President of the United States in 2004

The President, under regulations to be prescribed by him, may award a decoration called the “Legion of Merit”, having suitable appurtenances and devices and not more than four degrees, to any member of the armed forces of the United States or of any friendly foreign nation who, after September 8, 1939, has distinguished himself by exceptionally meritorious conduct in performing outstanding services. 10 USC § 1121

Mr. Daniel was awarded the Legion of Merit for his service as the Senior Judge Advocate for the State of Georgia from 1995-2004. Mr. Daniel retired from the Georgia Guard with the rank of Colonel in 2004.

Other noteworthy recipients of the award are: Dwight D. Eisenhower, Chuck Yeager, George Patton, John McCain, Norman Schwarzkopf, Wesley Clark, William Westmoreland, and Dean Rusk.