Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC partner Carol Michel and associate Shubhra Mashelkar to won summary judgment for their client, Matthew Watson, M.D., in an action for contribution and indemnity stemming an underlying medical malpractice and wrongful death action. The Court of Appeals of Georgia affirmed the trial court’s grant of summary judgment in favor of Dr. Watson and the third-party defendants.
John K. “Jay” Train, IV and Claire C. Murray successfully defended Perimeter Center for Outpatient Surgery, L.P. d/b/a HealthSouth Surgery Center of Atlanta, L.P. (“HealthSouth”) in a medical malpractice case brought by a patient who alleged that she suffered severe and permanent injuries resulting from a cervical epidural steroid injection (“CESI”) performed by Kamal Kabakibou, M.D. in July 2002. The suit was filed in the State Court of Fulton County in Atlanta, Georgia.
The Atlanta Bar Association recently honored Weinberg Wheeler Hudgins Gunn & Dial retired partner Ben L. Weinberg, Jr. at its Leadership Awards Luncheon on October 17. The Leadership Award is presented to members of the Atlanta Bar who “inspire by their example, challenge by their deeds, and remind us all of our debt to our profession and our community.”
Weinberg Wheeler Hudgins Gunn & Dial congratulates its six attorneys who have been selected by Super Lawyers as Georgia Rising Stars in 2007. These attorneys, along with their primary practice area, are as follows:
Atlanta partners David A. Dial, Robert G. Tanner and John T. Flynn have been selected by their peers for inclusion in the 2008 25th Anniversary Edition of The Best Lawyers in America© David Dial and John Flynn were honored in the area of Construction Law, and Robert Tanner was honored in the areas of Personal Injury Litigation and Commercial Law.
In a series of trial victories over a five-week period in May and June, Weinberg Wheeler Hudgins Gunn & Dial attorneys won cases in courts from New Jersey to Oklahoma. WWHGD is recognized by its clients for the ability of its attorneys to win tough cases in tough jurisdictions, even when they are brought into the case just before trial.
Weinberg Wheeler Hudgins Gunn & Dial partner David A. Dial and Nick Panayotopoulos, Of Counsel, successfully obtained a partial summary judgment on behalf of client Dawson Building Contractors, Inc. ("Dawson") against the Public Building Authority ("PBA") of Huntsville, Ala., in a contractual dispute arising from the construction of a jail. Madison County Circuit Judge Laura Hamilton granted a motion filed by WWHGD that sought a declaration that the parties' contract had been terminated for the convenience of the city and could not later be converted to a "for cause" termination. The PBA had been seeking tens of millions of dollars against Dawson for alleged breaches of the parties' contract. The ruling is subject to appeal. In this well-publicized case, Panayotopoulos was interviewed by investigative news reporter Georgi Bragg of NBC affiliate WAFF regarding the ruling in favor of WWHGD.
- James Magazine names Ben Weinberg, Billy Gunn & David Larson Among State’s “Most Influential Legal Leaders”
In its second annual listing of Georgia’s most influential legal leaders, James Magazine recognized three WWHGD partners: Ben Weinberg, Billy Gunn and David Larson. According to the publication, “These individuals represent members of the Georgia legal community with a high standard to the calling of public service, leadership in their respective fields and a wealth of knowledge. Their expertise and experience in the legal realm make their opinions highly sought after and valuable to their peers and the community as a whole.”
For the fourth year since its inaugural listing, Georgia Super Lawyers has recognized a number of WWHGD attorneys as being among the state's legal elite. Those named to the roll represent the top five percent of Georgia attorneys in more than 60 practice areas. The list of Georgia Super Lawyers is published annually by Super Lawyers, and is mailed to every attorney in the state.
- Missouri Lawyers Weekly
Missouri Lawyers Weekly has named one of WWHGD’s trial victories to its list of “Top Defense Verdicts of 2006.” The tragic premises liability and traumatic brain injury case took place in Kansas City, Missouri, in April 2006. Having only been brought into the case three weeks before trial, WWHGD partners Kevin Williams and Al Maxwell waged an uphill battle in their defense of a mall security company, IPC International.
Weinberg Wheeler Hudgins Gunn & Dial Partner Robert "Bob" Tanner and Associate Scott Kerew won a defense verdict in a frightening medical malpractice case. The plaintiff was a middle-aged woman with severe chest discomfort, whose biopsies of a mass in her chest were suspicious for cancer. The plaintiff's pathologist sent the specimen to the Mayo Clinic for further evaluation, and the results supported the diagnosis of cancer. Unbeknownst to the pathologist, the plaintiff also made arrangements for her biopsy slides to be evaluated by another pathology group, whose findings disputed the cancer diagnosis. In the meantime, the plaintiff went forward with chemotherapy, which she later decided she should not have done because when the suspicious matter was removed it was found not to be cancer.
On January 1, 2007, Weinberg Wheeler Hudgins Gunn & Dial, promoted attorneys to partnership: Christopher T. Byrd, John M. Hawkins, and Scott A. Witzigreuter. Managing Partner John M. Hudgins, IV, remarked, “We are extremely pleased to welcome these talented lawyers to the partnership. Their proven professional skills, especially in the courtroom, will continue to be an asset to the firm and its clients.”
WWHGD Partner David Dial was named for the second consecutive year by Chambers USA as a top construction litigation attorney in the United States. Chambers USA: Guide to America’s Leading Business Lawyers ranked him in its 2007 edition. As result of interviews with clients and attorneys, those honored are assessed on such qualities as professional conduct, ethical standards, technical legal ability, diligence and other aspects of client service.
Larry Burkhalter of the Miami office of Weinberg Wheeler Hudgins Gunn & Dial received a directed verdict from the Third District Court of Appeals of Florida, reversing the lower court’s judgment against their client, an advanced registered nurse practitioner (ARNP). The original verdict against the defendant nurse for $980,000 was reduced to zero, and the plaintiff is required to pay litigation costs.
The Las Vegas Strip is getting a $4 billion facelift and Weinberg Wheeler Hudgins Gunn & Dial LLC, is helping to make it happen. The law firm has been selected by Boyd Gaming Corporation to handle all construction contracts, and any ensuing disputes, as the hospitality giant develops a mixed-use resort on the 63-acre site now occupied by the once legendary Stardust Resort & Casino. It will be demolished in 2007.
Five attorneys at Weinberg Wheeler Hudgins Gunn & Dial were named to Super Lawyers' prestigious list of "Georgia Rising Stars." Representing the top 2.5 percent of eligible Georgia attorneys, these WWHGD lawyers were selected as being among the top young legal minds of those under age 40 or in practice in Georgia ten years or less.
Three WWHGD partners have been selected by their peers for inclusion in the 13th edition of The Best Lawyers in America®. Bob Tanner’s selection as a Top Personal Injury Litigator marks his tenth appearance on the elite list, and David Dial was chosen for the second consecutive year in the area of construction law.
Weinberg Wheeler Hudgins Gunn & Dial has been selected to represent the National Football League in a lawsuit filed by six current and former players, including Denver Broncos eight-time Pro-Bowler Steve Atwater and Philadelphia Eagles four-time Pro-Bowler Blaine Bishop. The suit, which was filed June 23 in U.S. District Court in Atlanta, seeks to recoup $20 million the players lost in an alleged fraud scheme orchestrated by a now indicted hedge fund manager. The players allege that the NFL and the NFL Players Association (NFLPA) were negligent in endorsing the investment services of Kirk Wright and his Atlanta-based firm International Management Associates (IMA).
Weinberg Wheeler Hudgins Gunn & Dial was recently involved in a complex case which hinged on remains discovered at an ancient Indian village. David A. Dial and Howard J. Russell defended Golder Associates Inc., a consulting firm hired by the City of Blaine, Washington, to provide archaeological monitoring during the expansion of the City’s wastewater treatment plant.
- Florida Trend Magazine
The July 2006 edition of Florida Trend magazine named WWHGD associate Alex Laster to its annual list of the state’s Legal Elite in the “Up & Coming Attorneys” category. Florida attorneys are asked to nominate their peers with the resulting list representing the top 1.8 percent of the state’s legal community. Attorneys are asked to name members of the bar who they hold in the highest regard as professionals, based on personal experience. Each voter was asked to list one name for the best “Up & Coming Attorney.” Mr. Laster, who is resident in firm’s Miami office, was chosen by his peers as a top attorney among those practicing less than 10 years.
Weinberg Wheeler Hudgins Gunn & Dial recently served as lead counsel for an international manufacturer of marine generators in a retrial of a products liability wrongful death suit. In the spring of 2003, before WWHGD’s involvement, a St. Louis jury awarded compensatory damages and $25 million in punitive damages against the manufacturer based on claims that a defect in the generator caused it to leak carbon monoxide into the living quarters of a private boat on the Lake of the Ozarks in Missouri in 1999, killing the boat’s four occupants. The verdict was set aside after the Circuit Court of St. Louis reconsidered some of its evidentiary rulings.
On April 12, 2006, Weinberg Wheeler Hudgins Gunn & Dial concluded seven years of litigation by trying a wrongful death case in Fulton County State Court to a favorable verdict. Partner Ken Moorman and member Jack Hawkins defended the manufacturer of a solvent-based waterproofing product, which was designed for use in drinking water systems.
Weinberg Wheeler Hudgins Gunn & Dial scored another defense verdict on April 11, 2006, when Partner Bob Tanner successfully defended Dr. Steven Mann, M.D., in a medical malpractice case filed in the Superior Court of Henry County.
For the third year since its inaugural listing, Georgia Super Lawyers has recognized a number of WWHGD attorneys as being among the state's legal elite. Those named to the roll represent the top five percent of Georgia attorneys in more than 60 practice areas. The list of Georgia Super Lawyers is published annually in the March issues of Atlanta magazine and Georgia Super Lawyers, which is mailed to every attorney in the state.
Bob Tanner, a partner with Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC, recently obtained a defense verdict for his client in the case, Farley v. Dr. Richard Zellmer and North Metropolitan Radiology Associates. The trial, which took place before Judge Julie Carnes in the U.S. District Court for the Northern District of Georgia, lasted only three days.
Following a 3 1/2 week jury trial in Jacksonville, Florida, WWHGD partners Skip Hudgins and Patrick Moore obtained a verdict for the Nemours Children's Clinic. The case involved seven separate claims of negligence against four Nemours physicians, which allegedly resulted in the paralysis of a 10-year-old.
Weinberg Wheeler Hudgins Gunn & Dial partner Kevin Williams recently emerged from a nine day jury trial with a victory for the defense. The trial involved two separate surgeries for which malpractice was alleged.
Weinberg, Wheeler, Hudgins, Gunn & Dial LLC joins a distinguished list of law firms who belong to the Atlanta Bar Association's 100% Club. Those firms who are members have demonstrated a commitment to the legal profession and our community by enrolling all of their attorneys as members of the voluntary bar.
WWHGD attorneys have always played an active role in the local bar. In fact, Ben Weinberg a founding partner of the firm, served as the ABA President from 1969-70. Weinberg was also recently honored with the 2002 Professionalism Award by the organization.
- Chambers USA: Guide to Americas Leading Business Lawyers
Firm also cited as top Construction Practice in Chambers USA: Guide to America's Leading Business Lawyers
Ben Weinberg was awarded the Tradition of Excellence Award by the General Practice and Trial Section of the State Bar of Georgia.
Ben Weinberg was presented the 2003 Professionalism Award by Atlanta Bar Association President William D. deGolian at its annual meeting in May. Weinberg, a founding partner of Weinberg Wheeler Hudgins Gunn & Dial LLC, certainly embodies the professionalism ideals. He is an exemplary figure in the legal community and is admired by each side of the bar both plaintiffs and defense. He served as President of the Atlanta Bar from 1969-1970, and was a member of the State Bar of Georgia Board of Governors for 17 years with his final term ending in 1990.
On April 26, 2005, Weinberg Wheeler Hudgins Gunn & Dial received a favorable ruling for its client Buffalo's Cafe. In the case of Willbanks v. Sugarloaf Cafe, Inc. d/b/a Buffalo's Cafe, handled by partner Ken Moorman and associate Ray Fuerst, the Supreme Court of Georgia granted the summary judgment motion of Buffalo's Cafe. In so doing, the Georgia Supreme Court reversed the state court of appeals ruling that created a new dram shop duty. This case stands as an impediment to inroads in the area of dram shop litigation by overzealous plaintiffs attempting to hold bars, restaurants, hotels and other purveyors of alcohol liable for the actions of drunk drivers
Georgia's top attorneys are naming names and Weinberg Wheeler Hudgins Gunn & Dial is among them. The extensive balloting, research and blue ribbon review process revealed nine WWGHD partners in the top five percent of all Georgia lawyers.
Skip Hudgins, managing partner of Weinberg Wheeler Hudgins Gunn & Dial, is featured in the Atlanta Business Chronicle's January 25, 2005 edition as part of its annual spotlight on "Who's Who in Law and Accounting."
The Albuquerque Journal reported that a federal jury awarded an injured volunteer firefighter a paper verdict of $8.75 million after two weeks of trial but because of the way jurors apportioned blame in the complex case, the plaintiff will recover only 17 percent of the $1.53 million judgment after attorney fees and litigation costs.
Earl "Billy" Gunn, one of Weinberg Wheeler Hudgins Gunn & Dial's founding members, was recently interviewed by the Sky Radio Network about his thoughts on rising medical malpractice liability premiums and on tort reform.
John Flynn brings significant experience from his government contracts law and construction litigation practice as a senior partner at Smith Currie and Hancock in Atlanta, Georgia. His practice both there and in the U.S. Air Force dealt primarily with construction contract disputes. He has represented owners, architects, engineers, prime contractors and subcontractors in various state and federal courts, before the various Boards of Contract Appeals, the U.S. Court of Federal Claims and the General Accounting Office.
Weinberg Wheeler Hudgins Gunn & Dial partner Earl W. "Billy" Gunn was featured in a panel discussion on tort reform sponsored by the Fulton County Daily Report. The event resulted in the publication of an article, "Tempest Over Tort Reform," in the March 17, 2005 edition.
Weinberg Wheeler Hudgins Gunn & Dial Partner Kevin Williams represented Wellstar Paulding Hospital in a case brought by victims of a motor vehicle accident, which was caused by a former patient after being treated in the medical center's emergency room.