Jacob E. Daly

Senior Counsel

Atlanta, GA
D 770.818.1431
jacob.daly@fmglaw.com

Education

  • Walter F. George School of Law, cum laude
  • B.A., University of Virginia

Interdisciplinary Teams

Retail, Hospitality and Beverage

Overview

Jake Daly is Senior Counsel in Freeman Mathis & Gary’s Atlanta office where he practices in the firm’s Appellate Advocacy, Government Law, and Tort and Catastrophic Loss Practice Sections. An AV Preeminent® rated attorney by Martindale-Hubbell, Jake represents private companies, government entities, and their employees in a wide variety of personal injury and wrongful death litigation throughout Georgia and in every federal district in Georgia. He has extensive experience defending commercial and residential property owners, management companies, and security companies in negligent security cases. In addition, he regularly defends other businesses and their employees in cases involving other premises liability claims, dram shop claims, motor vehicle accident claims, and intentional tort claims. His government practice involves defending local government entities and officials in cases alleging civil rights violations and state-law tort claims.

Jake also has an active appellate practice. He has written or assisted with several briefs for cases in the United States Supreme Court, and he was the primary author of the merits brief for the prevailing respondent in Rehberg v. Paulk, in which the United States Supreme Court held unanimously that grand jury witnesses are entitled to absolute immunity from claims under 42 U.S.C. § 1983. He has also authored numerous briefs for cases in the United States Court of Appeals for the Eleventh Circuit, the Georgia Supreme Court, and the Georgia Court of Appeals, and he has presented oral argument in those courts more than a dozen times. One of his proudest achievements as an appellate advocate came when he was part of a team that convinced the Georgia Court of Appeals to reverse a $10,640,000 verdict against the City of Albany. A final aspect of Jake’s appellate practice is that he occasionally writes amicus curiae briefs for cases in the Georgia Supreme Court and the Georgia Court of Appeals.

Outside the courtroom, Jake serves the State Bar of Georgia as a member of the Formal Advisory Opinion Board, which is responsible for issuing opinions interpreting the Georgia Rules of Professional Conduct, and the Judicial Procedure and Administration/Uniform Rules Committee, which is responsible for reviewing and recommending legislation and court rules that affect the operation of the judicial system. Jake also serves as a member of the Editorial Board of the Georgia Bar Journal.

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Bar Admissions

Court of Appeals of Georgia

Georgia

Supreme Court of Georgia

Supreme Court of the United States

U.S. Court of Appeals, Eleventh Circuit

U.S. Court of Appeals, First Circuit

U.S. District Court Middle District of Georgia

U.S. District Court Northern District of Georgia

U.S. District Court Southern District of Georgia

Publications & Engagements
  • Author, “The Seat-Belt Defense in Georgia,” 65 Mercer Law Review 19 (2013)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 64 Mercer Law Review 231 (2012)
  • Author, “Apportionment of Fault to Non-Parties Is Here to Stay,” Georgia Defense Lawyer, Summer 2012
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 63 Mercer Law Review 279 (2011)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 62 Mercer Law Review 243 (2010)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 61 Mercer Law Review 267 (2009)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 60 Mercer Law Review 303 (2008)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 59 Mercer Law Review 331 (2007)
  • Co-Author, “Product Liability, Annual Survey of Georgia Law,” 58 Mercer Law Review 313 (2006)
  • Co-author, “Trial Plans in ‘Hybrid’ Class Actions: Misadventures in Letting Form Affect Substance,” in ICLE Program Materials for Class Actions CLE (Oct. 25, 2002)
  • Co-Author, “Statutory Civil Rights, 2001 Eleventh Circuit Survey,” 53 Mercer Law Review 1499 (2002)
  • Co-Author, “Torts, Annual Survey of Georgia Law,” 53 Mercer Law Review 441 (2001)
  • Co-Author, “Torts, Annual Survey of Georgia Law,” 52 Mercer Law Review 421 (2000)
  • Author, Casenote, “City of Chicago v. International College of Surgeons: The Interplay Between Supplemental Jurisdiction and Cross-System Appeals, and the Impact on Federalism,” 50 Mercer Law Review 1137 (1999)
Representative Cases & Clients
  • Robinson v. City of Hollywood Police Dept, 2024 WL 983926 (11th Cir. Mar. 7, 2024) (per curiam) 
  • Blowe v. Roberts, ___ Ga. App. ___, ___ S.E.2d ___ (2024) 
  • Collington v. Clayton County, ___ Ga. ___, ___ S.E.2d ___ (2024) 
  • Bondsman, Inc. v. Taylor, 367 Ga. App. 213, 885 S.E.2d 249 (2023) 
  • Morney v. Kiker, 367 Ga. App. 194, 885 S.E.2d 229 (2023) 
  • Ravan v. Talton, 2023 WL 2238853 (11th Cir. Feb. 27, 2023) (per curiam) 
  • Garvich v. State of Georgia, 2022 WL 1531701 (11th Cir. May 16, 2022) (per curiam) 
  • In re Formal Advisory Opinion No. 20-1, 313 Ga. 803, 872 S.E.2d 745 (2022) (per curiam) 
  • Villages of Cascade Homeowners Ass’n, Inc. v. Edwards, 363 Ga. App. 307, 870 S.E.2d 899 (2022) 
  • Star Residential, LLC v. Hernandez, 311 Ga. 784, 860 S.E.2d 726 (2021) (counsel for amicus curiae) 
  • Wilson v. Cromer, 356 Ga. App. 763, 847 S.E.2d 213 (2020) 
  • Mullinax v. Pilgrim’s Pride Corp., 354 Ga. App. 186, 840 S.E.2d 666 (2020) 
  • Courtland Properties I, LLC v. Collins, 353 Ga. App. 99, 835 S.E.2d 319 (2019) 
  • Langley v. MP Spring Lake, LLC, 307 Ga. 321, 834 S.E.2d 800 (2019) 
  • Rautenberg v. Pope, 351 Ga. App. 503, 831 S.E.2d 209 (2019) 
  • City of Albany v. Stanford, 347 Ga. App. 95, 815 S.E.2d 322 (2018) 
  • Langley v. MP Spring Lake, LLC, 345 Ga. App. 739, 813 S.E.2d 441 (2018) 
  • Fair v. CV Underground, LLC, 340 Ga. App. 790, 798 S.E.2d 358 (2017) 
  • Camelot Club Condo. Ass’n, Inc. v. Afari-Opoku, 340 Ga. App. 618, 798 S.E.2d 241 (2017) 
  • Rehberg v. Paulk, 132 S. Ct. 1497 (2012)
  • Couch v. Red Roof Inns, Inc. 259 Ga. 359, 729 SE2d 378 (2012)
  • Martin v. Herrington Mill, LP 316 Ga App. 696, 730 SE2d 164 (2012)
  • Burroughs v. Mitchell County, 313 Ga. App. 8, 720 S.E.2d 335 (2011)
  • Wilcox v. Fenn, 289 Ga. 750, 716 S.E.2d 144 (2011)
  • Johnson v. Green Growth I, LLC, 305 Ga. App. 134, 699 S.E.2d 109 (2010)
  • CDP Event Services, Inc. v. Atcheson, 289 Ga. App. 183, 656 S.E.2d 537 (2008)
  • Scoggins v. Kia Motors America, Inc., 272 Ga. App. 495, 612 S.E.2d 823 (2005)
Affiliations
  • State Bar of Georgia
  • Member, Formal Advisory Opinion Board, 2013-present
  • Member, Georgia Bar Journal Editorial Board, 2014-present
  • Member, Judicial Procedure and Administration/Uniform Rules Committee, 2016-present
  • Georgia Defense Lawyers Association