LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014
Photo of Robert P. Marcovitch

Robert P. Marcovitch

Partner

Bob Marcovitch has been an appellate litigator since the early 1990s when he was an Assistant U.S. Attorney in the Appellate Section of the United States Attorney’s Office in Atlanta. He has extensive experience in state and federal courts across the country in a wide variety of subject matters - including civil and criminal RICO litigation, product liability, premises liability, intentional torts, class actions, will and trust disputes, real estate matters, business disputes and government enforcement proceedings - and he leads the Appellate Practice Group of Weinberg Wheeler Hudgins Gunn & Dial. Bob is known for the depth and clarity of his analysis of complex legal and factual issues, and he is considered to be a “go-to” attorney to handle high-stakes appeals and to consult on large exposure cases in trial courts.

Bob achieves outstanding results for clients, including an affirmance of summary judgment in the Delaware Supreme Court relating to an anti-suit injunction entered by the Delaware Court of Chancery; a reversal of  an adverse summary judgment ruling in the Georgia Court of Appeals in a real estate dispute; and a reversal of a denial of a motion to dismiss on venue grounds, also in the Georgia Court of Appeals.  In 2016, Bob was appointed as a Special Assistant Administrative Law Judge for the State of Georgia Office of State Administrative Hearings, in which capacity he presides over a variety of administrative disputes.

Education

Columbia University, B.A., summa cum laude, 1984
Phi Beta Kappa

Harvard Law School, J.D., magna cum laude, 1987

Bar & Court Admissions

  • State Bar of Georgia
  • The Massachusetts Bar
  • Supreme Judicial Court of Massachusetts
  • Supreme Court of the United States
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Federal Circuit

Representative Experience

Oliver v. McDade, 297 Ga. 66 (2015).  Wrote brief and delivered oral argument in matter in which the Supreme Court of Georgia vacated an adverse decision from the Georgia Court of Appeals addressing the application of the impact rule and pecuniary loss rule in relation to the availability of emotional distress damages.

Ross v. Waters, 332 Ga. App. 623 (2015).  Wrote the winning brief and delivered oral argument in case in which the Georgia Court of Appeals reversed a trial court's refusal to transfer case for improper venue. 

Del Lago Ventures, Inc. v. QuikTrip Corp., Ga. App., 2014 WL 5471748 (Ga. Ct. App. Oct. 30, 2014). Wrote winning brief that resulted in a reversal of summary judgment entered against client.

RockTenn CP, LLC v. BE & K Eng'g Co., LLC, 103 A.3d 512 (Del. 2014). As principal brief writer and presenter of oral argument, obtained affirmance of anti-suit injunction issued by the Delaware Court of Chancery.

Puckett v. Plastics Grp., Inc., 561 F. App'x 865 (11th Cir. 2014). Wrote winning appellee brief in matter in which the Eleventh Circuit affirmed district court’s grant of summary judgment in case involving an alleged gas can explosion.

Horton v. Dennis, 325 Ga. App. 212, 750 S.E.2d 493 (2013). Wrote winning brief for appellee on issue of when attorney’s fees may be granted for “stubborn litigiousness” under O.C.G.A. § 13-6-11.

Zinkhan v. Bruce, 305 Ga. App. 510 (2010), cert. denied (Feb. 7, 2011). All in client’s favor, the Georgia Court of Appeals affirmed a probate court’s ruling on a testamentary guardianship issue under Georgia law, and reversed, upon a discretionary interlocutory appeal, a superior court’s assumption of jurisdiction in a parallel proceeding collaterally attacking the probate court’s ruling

United States v. Kottwitz, 614 F.3d 1241 (11th Cir.), modified on rehearing, 627 F.3d 1383 (11th Cir. 2010). As principal brief writer, obtained reversal of one tax conspiracy count and the vacation and remand for retrial of the other such count.

Kuritzky v. Emory Univ., 294 Ga. App. 370 (2008), cert. denied (Feb. 9, 2009). The Georgia Court of Appeals affirmed trial court’s grant of summary judgment on claims relating to the expulsion of a medical student from client’s medical school.

Tomczyk v. Jocks & Jills Restaurants, LLC, et al., 269 F.App’x 867 (11th Cir. March 12, 2008). Obtained reversal of a $2 million jury verdict in an intentional tort matter.

Carmell v. Texas, 529 U.S. 513, 120 S. Ct. 1620, 146 L. Ed. 2d 577 (2000). Drafted amicus brief on behalf of the National Association of Criminal Defense Lawyers in support of Petitioner who obtained a reversal of certain convictions on constitutional ex post facto grounds.

United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996). Represented the Government in successful defense of sentences based on the distinction between powder and crack cocaine, leading to the reversal of sentences in other likes cases.

United States v. Tokars, 95 F.3d 1520 (11th Cir. 1996). Participated in Government brief writing team in case in which the Eleventh Circuit affirmed the convictions of an Atlanta lawyer tried on RICO and murder for hire charges related to the murder of his wife.

Awards & Recognitions

Best Lawyers® 2016-2017, Appellate Practice

Letter of Commendation from the National Association of Criminal Defense Lawyers, August 2000, for work on amicus brief filed in the United States Supreme Court in Carmell v. Texas.

Letter of Commendation from Janet Reno, Attorney General, November 1995, for work on constitutional challenge to the United States Sentencing Commission and the Sentencing Guidelines in United States v. McLellan.

Professional & Community Activities

American Bar Association

Atlanta Bar Association

Georgia Defense Lawyers Association

Georgia State University College of Law, Adjunct Faculty in Research, Writeing & Advocacy and Georgia Appellate Practice (2010 – Present)

Special Assistant Administrative Law Judge for the State of Georgia Office of State Administrative Hearings 

Events & Speaking Engagements