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Wayne S. Melnick
Partner Direct Dial: 770.818.4256 Fax: 770.937.9960 [email protected]
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Wayne Melnick is a Partner and Vice-Chair of the firm’s Government Law practice section. He also is a member of the firm’s Tort and Catastrophic Loss practice section where he is Vice-Chair of FMG’s Transportation practice team. Mr. Melnick is an accomplished trial attorney and has tried over 50 jury trials to verdict in cases throughout the country. For every year since 2013, Mr. Melnick has been named a "Georgia Super Lawyer" in the areas of civil law defense and prior to that was selected multiple times as a “Rising Star.” He previously served as one of only three Northern District of Georgia Representatives on the Board of Directors for the Georgia Defense Lawyers Association.
As part of the firm’s Government Law practice section, Mr. Melnick has a broad-based litigation practice with a focus on local government defense. He has defended cities, counties, school districts, teachers, administrators, sheriffs, police officers, and various other types of governmental entities and individuals in civil rights and general liability matters in both state and federal court at the pre-litigation, trial, and appellate levels. He also serves as general counsel for charter schools in Georgia. Mr. Melnick is the Co-lead Chair of the Claims Litigation Management Alliance’s National Municipal Law Committee. Mr. Melnick is recognized as a national authority in civil rights cases and immunity issues and is frequently requested to speak around the nation regarding municipal liability.
Mr. Melnick's practice also includes the defense of clients in a variety of commercial and complex litigation matters. He is panel counsel for a number of the nation's largest providers of commercial general liability and professional coverage. Mr. Melnick has extensive experience involving the defense of trucking cases and has repeatedly defended multi-million dollar claims and law suits involving trucking accidents. Mr. Melnick is also recognized as being at the forefront of defending claims and cases involving internet defamation and media, advertising and entertainment liability claims. Because he defends cases that regularly are covered by international news media, Mr. Melnick has been retained to defend celebrities in high-profile cases brought against them.
Mr. Melnick received both his undergraduate and law degree from Emory University. He served as a law clerk with the Bankruptcy Court for the Northern District of Georgia, serving as clerk to The Honorable W. Homer Drake, Jr., Bankruptcy Judge and The Honorable A. David Kahn, Chief Bankruptcy Judge. He also has served as a litigation instructor at Emory University School of Law in the Kessler-Eidson Trial Techniques Program and as the Chairperson of the Georgia Defense Lawyers Association Pre-Trial Discovery and Deposition Bootcamp.
When not litigating cases, Mr. Melnick is a long-time drummer who picked up his first pair of sticks when he was 8 years old. Currently, he sits behind the drum kit for the rock cover band, Ooo…Shiny! An avid soccer fan, Mr. Melnick is also part of the drum corps supporting Atlanta United FC (MLS) and can be found playing drums in AUFC’s Supporter’s Section helping energize the crowd every home game. |
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- Government Liability
- Tort and Catastrophic Loss
- Professional Liability
- Transportation Liability
- Internet Defamation and Media, Advertising and Entertainment Liability
- All Georgia State and Superior Courts
- All Florida Circuit and County Courts
- U.S. District Court Northern District of Georgia
- U.S. District Court Middle District of Georgia
- U.S. District Court Southern District of Georgia
- Georgia Court of Appeals
- All Florida District Courts of Appeal
- U.S. Court of Appeals 11th Circuit
- Supreme Court of Georgia
- Florida Supreme Court
- United States Supreme Court
- J.D., Emory University School of Law, Atlanta, Georgia
- B.A., Emory University, Atlanta, Georgia
- Camelot Club Condominium Assoc., Inc. v. Afari-Opoku, 340 Ga. App. 618, 798 S.E.2d 241 (2017) [Civil Procedure, apportionment]
- Dukes v. Deaton and Branham, 852 F.3d 1035 (11th Cir. 2017), cert. denied (2017) [Section 1983, excessive force, qualified immunity]
- Long v. Murray County School District and Linder, 522 Fed. Appx. 576 (11th Cir. 2013) [Section 1983, deliberate indifference, qualified immunity]
- Cohen v. Davis Academy, 310 Ga. App. 761, 714 S.E. 3d 350 (2011) cert denied, 714 S.E. 2d 350 (2011), cert. denied, 132 S. Ct. 2106 (2012), reh’g denied (2012) [Civil Procedure, Rule 68 offers of settlement]
- Raines v. Maughan, 312 Ga. App. 303, 718 S.E. 2d 135 (2011) [Civil Procedure, jury selection, premises liability]
- Grammens v. Dollar, 287 Ga. 618, 697 S.E. 2d 775 (2010) [Official immunity]
- Wilbourne v. Forsyth County School District, 306 Fed. Appx. 473 (11th Cir. 2009) [Section 1983, retaliation, ADA]
- Palmer v. Stewart County School District, 215 Fed. Appx. 822 (11th Cir. 2007) [Section 1981, public employment, statutes of limitations]
- Dennis v. Putnam County Board of Education, 260 Fed. Appx. 171 (11th Cir. 2007) [Section 1983, public employment, freedom of speech]
- Duffy v. Lyles, 281 Ga. App. 377, 636 S.E. 2d 91 (2006) [Civil Procedure, statutes of limitations, insufficiency of service of process]
- AEW # 2 Corp. v. Federal Ins. Company, 268 Ga. App. 740 (2004) [Civil Procedure, subrogation, insurance]
- “Welcome to the New Normal: Synthetic Drugs of Abuse and Defending Related Municipal Claims” (2019)
- “Civil Prosecution of DUI and Dram Shop Cases, Defense Attorney’s Perspective, Panelist and Speaker” (2018)
- “Claims Investigations and Insurance Coverage Issues” (2018)
- “Litigation and Medical Funding Roundtable: What You Don’t Know Can Hurt You” (2018)
- “Say What? Limits on Municipal Restrictions of Speech,” (2018)
- “Expert Cross-Examination: Treating Orthopedic Surgeon,” Moderator (2018)
- “There’s Gold in Them Thar E-Hills: Mining for and Using Social Media” (2018)
- “An Update on Bad Faith Resulting From Holt Demands in Georgia” (2018)
- “It Ain’t Me Babe! Climbing the Rungs of the Monell ladder” (2017)
- "Reptile Roundtable: Lessons Shared From Attorneys Who Have Faced and Defeated The Reptile In Discovery And At Trial” (2017)
- "Shock and Awe: A Year in Review of High Verdicts and Settlements in Georgia," (2017)
- "Legacy and Future Claims in Municipal Law due to Emerging Technologies” (2017)
- "Vicarious Liability: Emerging Defense and Coverage Issues in Georgia and Florida" (2017)
- "One for the Road: Comparing Georgia’s and Florida’s Dram Shop Acts," (2017)
- "Third-Party Homeowner's Liability Under Georgia Law," (2016)
- "Understanding ADA-based Law Enforcement Claims," (2016)
- "Defending Cases Brought Under Georgia’s Dram Shop Act," (2016)
- "Law Enforcement Liability Update," (2016)
- "Lessons Learned From The Silver Screen: Cross-Examination, Hollywood-Style," (2016)
- "Complications Arising from Multi-Jurisdictional Task Forces," (2016)
- "New Rules, New Roles: How Changes to the Federal Rules Present Opportunities for Associates," (2016)
- "Law Enforcement Liability: Legacy Issues and the Long View," (2016)
- "Professionalism in the Appellate Process," Moderator, (2016)
- "Issues and Strategies for Municipal Liability Claims Involving Physical, Sexual, and Hazing Injuries in Team Sports," (2015)
- "Avoiding Large Verdicts: Lesons Learned from Recent Awards," (2015)
- "A Review of Recent Supreme Court Opinions Regarding Qualified Immunity in Police Chase Cases," (2015)
- "The Legal and Insurance Ramifications of the Militarization of Local Police Department," (2015)
- "Using Technology to Document Difficult to Access Information," (2015)
- "Legal Issues Arising as a Result of Moonlighting Police Officers," (2014)
- "Revised Rules for Preparing Your Witness for Surviving in Depositionland," (2014)
- "Understanding the Effects of Plumhoff on Qualified Immunity," (2014)
- "Pools, Tools, and Beer- Serving Fools: A Georgia Homeowner's Liability Claims Review," (2014)
- "Preparing Your Witness: More Updated Rules to Surviving Depositionland," (2013)
- "One For the Road: Liability for Acts of Intoxicated Persons in Georgia," (2013)
- "Sauce for the Goose: Using Plaintiffs’ Spoliation of Evidence Against Them," (2013)
- "Skits and Suds On the Road, Ethics Uncorked," Moderator, (2013)
- "Everything You Want And Need to Know as a Car and Home Owner About the Law and Insurance," (2012)
- "Preparing Your Witness: Updated Rules to Surviving Depositionland," (2012)
- "Skits and Suds, Ethics Uncorked," Moderator, (2012)
- "Fire Damage Claims: A Glimpse into the Attorney’s Perspective," (2012)
- "Skits and Suds, Ethics Uncorked, Moderator," (2011)
- "Understanding the Medicare Secondary Payer Act," (2011)
- "Premises Liability 360°, Dissecting a Real Life Trial from Complaint to Verdict: Building Manager's Strategy," (2011)
- "Preparing Your Witness: Rules to Surviving Depositionland," (2010)
- "The Good, the Bad and the Ugly of Emerging Technology – What You, Your Faculty & Staff Must Know to Keep Students Safe," (2010)
- "Medicare’s New Mandatory Reporting," (2009)
- "Yes We Can! Tendering Defense and Indemnity," (2009)
- "Excluding Experts Under Daubert," (2008)
- "Understanding the Implications of Thurman v. State Farm on Available UM/UIM Coverage Calculations in GA," (2008)
- "Deal or No Deal: Avoiding the Bad Faith Briefcase," (2007)
- "How to Try and Lose Your Case in the Media," (2006)
- "Insurance Bad Faith in Georgia: A Review of Existing Law and the Changes Georgia’s New Tort Reform Bring to the Table," (2005)
- "Mediation: Tips and Tools," (2005)
- "Expectations on Referrals in New Cases," (2004)
- "Federal Removal Strategies," (2004)
- "Adjunct Professor of Law, Emory University School of Law," (1995 – 2000)
- American Bar Association
- Torts Trial and Insurance Practice Section, Member
- State Bar of Georgia
- Florida Bar Association
- Atlanta Claims Association
- Defense Research Institute
- Transportation Law Committee, Member
- Civil Rights and Government Tort Committee, Member
- Trial Tactics Committee, Member
- Association of Defense Trial Attorneys
- Claims & Litigation Management Alliance
- Municipal Law Committee, Co-Lead Chairperson
- Georgia Defense Lawyers Association
- Northern District of Georgia Representative to Board of Directors;
- Education Committee, Chairperson;
- Pre-Trial Discovery and Deposition Bootcamp, Chairperson;
- Sponsorship Committee, Chairperson;
- Logo Committee, Member;
- Strategy Planning Committee, Member
- Georgia Super Lawyers, 2013, 2014, 2015, 2016, 2017, 2018
- Georgia Super Lawyers, Rising Star, 2006, 2009
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