News Archive for 2010
On Monday, August 23, 2010, Mr. Mason argued a Motion to Dismiss in the Superior Court of Gwinnett County. Plaintiff sought actual damages, punitive damages, attorney’s fees, and litigation costs against two (2) Mason Bahr clients in an employment litigation case. Plaintiff alleged the violation of the Family Medical Leave Act, retaliation in Violation of Title VII, disparate treatment in Violation of Title VII, and intentional infliction of emotional distress. Mr. Mason based Defendants’ Motion to Dismiss on Plaintiff’s failure to perfect service timely as to one Defendant, and the failure to perfect service against the other Defendant. Following oral argument from both sides and the consideration of the pleadings, the Court granted Mr. Mason’s Motion to Dismiss as to both Defendants and dismissed Plaintiff’s case.
In May 2010, Mr. Mason settled a motorcycle injury case for $600,000.00, where Mason Bahr’s client suffered a partial amputation of his foot, a broken scapula, and broken clavicle. Mr. Bahr handled the insurance coverage aspect of the claim. The case settled for the maximum amount of insurance coverage that was available.
In March 2010, Mr. Mason became outside counsel to an Atlanta based professional services firm that provides project managers, subject-matter experts, and the resources to clients on critical accounting projects.
In January 2010, Mr. Mason successfully defeated a Plaintiff’s Motion for Summary Judgment on a suit on account collection case in the State Court of Gwinnett County. Ultimately, Plaintiff voluntarily dismissed its case without any payment from Mason Bahr’s Defendant client.
In January 2010, Mr. Mason negotiated a successful commercial loan deficiency for a Mason Bahr client who owned a hotel. Mr. Mason negotiated the deficiency from approximately $540,000.00 to $20,000.00.
News Archive for 2009
In October 2009, Mr. Mason negotiated a successful loan reduction with the FDIC of a client’s large commercial loan. The negotiations reduced the client’s loan obligation by approximately $700,000.00.
June 2009: Mr. Bahr successfully concluded a multi-million dollar insurance coverage dispute between a construction company and a large, national insurance company. In this matter, the insurance company sued the firm’s client, a Florida-based construction company that conducts operations throughout the Southeast. The insurance company contended that multiple years of insurance policies did not provide coverage for certain claims lodged against the construction company. The matter was resolved upon terms mutually agreeable to the parties.
June 2009: Mr. Bahr was retained to serve as outside general counsel to a residential real estate brokerage located in Woodstock, Georgia. The firm now serves as general counsel to more than twenty real estate brokerages in Georgia, both in the metropolitan Atlanta area and throughout the state.
May 2009: Mr. Bahr represented the buyers in a multi-million dollar transaction involving the negotiation for, and acquisition of, a multi-state regional franchise of a nationally prominent real estate company.
In April of 2009, Mr. Bahr obtained summary judgment in a complex multi-million dollar insurance coverage dispute on behalf of a family whose son died while riding as a passenger of a vehicle involved in a one car accident. In this matter, the insurance company for the driver of the car filed a lawsuit seeking a declaratory judgment that its automobile and umbrella insurance policies did not cover the accident. In the course of this matter, the insurance company denied two separate policy limits demands. The trial court found full coverage for the accident under both insurance policies. The insurer did not file an appeal, and is now facing very significant bad faith claims in the underlying wrongful death lawsuit.
On March 13, 2009, Mr. Mason served as counsel to the purchaser of a piece of commercial real estate in Gwinnett County valued at over $1,000,000.00.
On March 4, 2009, Mr. Carter obtained a directed verdict in a contested nonjury matter in the Probate Court of Dekalb County. The Petitioner sought a years support of a specific amount, and Mr. Carter defeated Petitioner’s claim in its entirety. Directed verdicts are rare in any litigation matter, but especially rare in probate court.
In February 2009, Mr. Mason served as counsel for an international consulting company in its acquisition of a South Carolina limited liability.
News Archive for 2008
On October 28, 2008, the Georgia Court of Appeals affirmed the summary judgment Mr. Mason obtained in the Gwinnett County Superior Court on January 3, 2008.
In early October 2008, Mr. Mason settled a slip and fall case on behalf of a woman who suffered tendon damage to her toe when she fell at Turner Field in Atlanta, Georgia while at a Braves game.
In September 2008, Mr. Mason entered an appearance in two (2) pieces of local litigation for the 2009 National Home Builder of the Year.
On June 30, 2008, Mason Bahr LLP moved into a new office space located in the Ravinia complex. The new address is Two Ravinia Drive, Suite 610, Atlanta, Georgia 30346, and the email, telephone, and fax numbers remain the same. The new space is much more efficiently designed and overlooks the Ravinia green space.
In May 2008, Mr. Carter won a bench trial before the State Court of Gwinnett County. In that matter, Mason Bahr LLP represented a large publicly traded homebuilder regarding a suit filed against it and other Defendants for recovery of monies in excess of $400,000.00. Mason Bahr LLP also filed cross-claims against the Co-Defendants seeking contribution and indemnity. After two (2) days of trial, the Court entered judgment in favor of Mason Bahr LLP’s client, awarding the Plaintiff nothing. The Court also found in favor of Mason Bahr LLP’s client on its cross-claims, entering an award against the remaining Defendants for all of Mason Bahr LLP’s client’s attorney’s fees and expenses of litigation.
April 2008: Mr. Bahr was retained by the winner of a national lottery to represent business interests the client was pursuing in Georgia.
March 2008: Mr. Bahr and the firm were retained by an internationally prominent arborist and his tree company to represent his business interests in the United States. This client’s elm trees have been placed on Pennsylvania Avenue in Washington, D.C., on land owned by the British monarchy, and in towns and cities throughout the United States, England and Europe.
February 2008: Mr. Bahr was hired by the national sales director of an international tobacco company to negotiate the terms of the client’s departure from the company.
In the month of January 2008, Mason Bahr LLP closed commercial and real estate transactions for clients totaling over $2,300,000.00.
On January 17, 2008, a Fulton County Superior Court Judge granted Mr. Mason’s Motion for Summary Judgment, which he filed on behalf of Plaintiff, a physician placement firm, against a physician practice group for non-payment of services for physician placement. The Judge awarded principal, interest, and attorney’s fees to Mason Bahr LLP’s client.
News Archive for 2007
December 2007: Mr. Bahr successfully represented a company and its principals in a bad faith and breach of contract action against that company’s insurer, an international insurance company. The terms of the compromise of the clients’ claims were made confidential by agreement of the parties.
October 2007: Mr. Bahr was retained by the head coach of a professional sports team to provide representation in a dispute involving real estate holdings in Georgia.
In September, 2007, Mr. Bahr secured a sizeable settlement in another fire loss case. In this matter, the firm’s client, a plastic surgery practice, lost its business when the building it rented was consumed by fire. It was alleged that the landlord’s property contained wiring that was below code, which caused a short that started the 4-alarm fire.
On August 25, 2007, Mason Bahr LLP was a sponsor of the annual Merritt, Hawkins & Associates golf tournament in Dallas, Texas. The heat did not deter the golfers. There were 142 participants.
August 2007: Mr. Bahr obtained an award of attorney’s fees and costs on behalf of a client who was sued after a dispute arising from a real estate transaction. The trial court granted Mr. Bahr’s motion for summary judgment as to all claims brought against his client, and the court additionally granted Mr. Bahr’s motion seeking all of his client’s expenses of litigation, both against the party who brought the suit, and that party’s lawyer.
On July 13, 2007, Mr. Mason received an award of attorney’s fees for his client (Plaintiff) in the United States District Court for the Northern District of Georgia. The attorney’s fees related to defending a Motion to Set Aside a $467,964.13 Judgment and a Motion for Reconsideration. The Judge characterized Defendants’ Motions as “spurious” and “frivolous.”
On July 12, 2007, in the Superior Court of Hall County, Mr. Mason received an Order granting a Motion to Enforce a Settlement Agreement that he filed on behalf of a Plaintiff/Employer in an unemployment dispute with a former employee.
In June, 2007, Mr. Bahr obtained a settlement on behalf of a family whose house was destroyed by fire. In this case, it was alleged that a defective pool pump motor and negligent pool installation and service practices combined to cause a fire that led to the total destruction of the clients’ home.
On January 25, 2007, Mr. Mason went to trial in the State Board of Workers’ Compensation. Mr. Mason defended a small, closely-held family business in a claim for workers’ compensation benefits. At the one day trial, the claimant sought temporary total disability income benefits for an extended period of time, continuing temporary partial disability income benefits, penalties, costs, and attorney’s fees. Subsequently, on August 20, 2007, the Administrative law judge found that the claimant was not an employee of Mr. Mason’s client, and denied the claimant all claims in their entirety.
January 2007: Mr. Bahr and the firm were retained by a publicly-traded national homebuilding company to serve as that company’s Georgia outside counsel. The firm continues to serve as Georgia counsel for this company through the present.
News Archive for 2006
On December 20, 2006, Mr. Mason persuaded a United States District Court for the Northern District of Georgia to reconsider an earlier dismissal for lack of subject matter jurisdiction. On December 21, 2006, the Court entered an Order granting Mr. Mason’s Motion for Reconsideration, and reversed its earlier Order dismissing the case for lack of subject matter jurisdiction.
On December 1, 2006, a Judge in the Superior Court of Gwinnett County granted Mr. Mason’s Motion for Summary Judgment in a case where the plaintiff alleged dental malpractice on behalf of Mason Bahr LLP’s client. There was a companion case where the Judge also granted Mr. Mason’s Motion for Summary Judgment. The Judge awarded Mason Bahr LLP’s client attorney’s fees and expenses of litigation in both cases.
Mason Bahr LLP represented a Fortune 100 Company in litigation in the U.S.D.C. for the Northern District of Georgia. In that matter, Mssrs. Carter and Bahr sought and obtained a judgment against the U.S.A. for a refund of nearly a million dollars in excise taxes improperly assessed against Mason Bahr LLP’s client.
On May 30, 2006, Mr. Mason won a bench trial before the United States District Court for the Northern District of Georgia. In that matter, Mason Bahr LLP represented the Plaintiff, a large corporation, in a dispute with a professional collection agency and its subsidiary over monies collected, but not remitted to the Plaintiff pursuant to a contract between the parties. The Court entered judgment in favor of Mason Bahr LLP’s client in the amount of $467,934.13, which included principal, interest, and attorney’s fees. In addition, the Court found in favor of Plaintiff and against Defendants on the Defendant’s claim for a setoff of $510,000.00.
On May 3, 2006, Mssrs. Mason and Carter settled a slip and fall case for over six figures on behalf of an elderly woman who was badly injured in a fall at her condominium complex. In that matter, Mason Bahr LLP alleged that the complex and its contractors had negligently installed and maintained the stairway leading to the client’s residence.
On March 3, 2006, Mr. Carter convinced a United States District Court judge to strike the Answer and Counterclaim of Defendants who had been sued by Mason Bahr LLP on behalf of its client, a large health care provider. In that matter, the Defendant had engaged in various discovery abuses, which Mr. Carter argued should serve as grounds for the striking of its pleadings. The Court agreed, thus paving the way for a later hearing on the client’s damages.
News Archive for 2005
On August 15 and 16, 2005, Mr. Mason conducted a two (2) day nonjury trial in the State Court of Gwinnett County on behalf of Mason Bahr LLP’s client, a landlord who had been sued by a tenant for claims arising from a commercial lease dispute. The tenant filed a lawsuit against the landlord in an attempt to enforce a provision of the lease that would have entitled the tenant to exercise an option to extend the lease for an additional five year term. Following the close of Plaintiff/tenant’s evidence, the Court granted Mr. Mason’s motion for a directed verdict, finding that the Plaintiff/tenant had not proved its case.
On March 29, 2005, Mr. Bahr won a bench trial in Paulding County on behalf of Mason Bahr LLP’s clients. A real estate broker had sued them for commissions relating to the sale of a residential property. In that matter, the Court found in favor of Mason Bahr LLP’s clients as to all claims asserted by the broker, and found in favor of the clients as to their counterclaims against the broker for abusive litigation, attorney’s fees, and costs. The Court ordered that the broker reimburse Mason Bahr LLP’s clients for their expenses of litigation.
On January 1, 2005, Mason Bahr LLP instituted a Professional Fiduciary Services division under the leadership of Mr. Carter. Mason Bahr LLP currently serves as the personal representative of an estate in excess of $3,000,000.00.
News Archive for 2004
In December 2004, Mr. Bahr and Mr. Carter tried a case to verdict in the State Court of Fulton County on behalf of an owner of an electrical contracting business. This business claimed to have been defrauded out of services and materials worth $44,000.00, arising out of the construction of a convenience store. On behalf of the contractor, Mason Bahr LLP sued the convenience store and its owner individually, under various legal theories, including violations of the Georgia Civil RICO Act. At trial Mason Bahr LLP obtained a judgment in favor of its client for a sum in excess of $250,000.00, which included an award of treble damages under the RICO Act, punitive damages, and legal fees.
On December 13, 2004, Mr. Bahr won a dismissal by the Hall County Superior Court for all claims brought against Mason Bahr LLP’s client, a multi-family residential property owner. One of its tenants had sued the owner for alleged wrongful death. In that matter, the estate of the deceased had sought several million dollars in damages, based upon claims of death by smoke inhalation arising from a fire at the property.
On August 6, 2004, the Georgia Court of Appeals reversed and remanded a case for new trial on behalf of Mason Bahr LLP’s clients. Mr. Mason served as lead counsel and succeeded on appeal in obtaining a reversal of an injunction that a Superior Court Judge in Fulton County, Georgia entered against the firm’s clients. The Court of Appeals ruled that the trial court’s denial of the opportunity to make closing argument was reversible error.
In July 2004, William D. “Chip” Carter, Jr., Esquire joined Mason Bahr LLP as an associate. Mr. Carter had been practicing law for over four (4) years. Mr. Carter has spent the majority of his professional career practicing in the areas of estate and wealth planning, fiduciary litigation, probate law, corporate law, and civil litigation. In addition to having graduated law school, Mr. Carter has a masters degree, and has taken classes toward earning his PhD.
In July 2004, Mr. Mason settled a catastrophic injury case on behalf of a severely injured client for in excess of $1,000,000.00. The client suffered a closed head injury and required facial reconstructive surgery.
In May 2004, Mr. Mason successfully defended a fast-food franchisee in a lawsuit filed in the United States District Court for the Northern District of Georgia. In the lawsuit, the franchisor attempted to have the franchise closed. Mr. Mason defeated the franchisor’s attempt to obtain a Preliminary Injunction against the franchisee.
News Archive for 2003
On June 30, 2003, Mr. Bahr successfully resolved a complex, multi-million dollar insurance coverage litigation matter on behalf the firm’s client in federal court in Atlanta. The case concerned wrongful death and personal injury claims arising from a power plant accident, and involved numerous insurance coverage issues relating to these claims between numerous insurance companies and their insureds. Through mediation before a federal judge, the firm obtained for its client the reimbursement of a significant sum of money paid out in compromise of the original claims, and secured a mutual dismissal of all claims between the parties.
On June 9, 2003, the Georgia Supreme Court issued a ruling in favor of Mason Bahr LLP’s client, Decatur Auto Center, and against Wachovia Bank, NA [Decatur Auto Center v. Wachovia Bank, NA, 583 S.E.2d 6 (2003)]. Mason Bahr LLP attorneys William Paul Mason and Brian J. Harris succeeded in convincing the Georgia Supreme Court not only to reverse an earlier ruling from the Georgia Court of Appeals, but to overturn over 100 years of existing Georgia case law.
The Georgia Supreme Court ruled with attorneys Mason and Harris by a vote of six to one that a cause of action for conversion will lie with respect to a specific check for a definite amount of money. The Georgia Supreme Court’s ruling validated an earlier trial court ruling in the case where the firm obtained not only summary judgment on behalf of its client, but also an award of attorney’s fees against Wachovia.