Robert P. Marcovitch

Partner


D 678.996.9137
robert.marcovitch[email protected]

Education

  • JD, Magna Cum Laude, Harvard Law School (1987)
  • AB, Summa Cum Laude, Columbia University (1984)
Overview

Bob Marcovitch is a partner in the Firm’s Atlanta office, where he is Co-Chair of its National Appellate Advocacy section.  Mr. Marcovitch has been practicing law for over 33 years, and he has been an appellate litigator since the early 1990s, when he was an Assistant United States Attorney in the Appellate Section of the United States Attorney’s Office for the Northern District of Georgia, in Atlanta.

Mr. Marcovitch has extensive experience in state and federal courts across the country in a wide variety of subject matters, including products liability, premises liability, intentional torts, medical malpractice, class actions, real estate matters, business disputes, government enforcement proceedings, and civil and criminal RICO. Mr. Marcovitch is known for the depth, precision, and clarity of his analyses of complex legal and factual issues, and he is considered a “go-to” attorney to handle high-stakes appeals and to consult on large exposure cases in trial courts.

Mr. Marcovitch is a native of Massachusetts, and he continues to spend time in New England, particularly during the summer months. In his spare time, he enjoys keeping up with current events, listening to and reading about rock n roll, and cycling with friends.

For several years, Mr. Marcovitch has been an Adjunct Instructor at Georgia State University College of Law, where he teaches a class in Georgia Appellate Practice as well as writing components of substantive classes in Products Liability, Legislation, and Administrative Law.

Bar Admissions

Georgia

Massachusetts

Representative Cases & Clients
  • Emory Univ., Inc. v. Neurocare, Inc., — F.3d —, No. 19-14160, 2021 WL 232862 (11th Cir. Jan. 25, 2021). Wrote brief for appellant and delivered oral argument, which resulted in the Eleventh Circuit’s reversal in favor of appellant of the district court’s summary judgment order in an indemnification action dismissing appellant’s claims.  
  • Centurion Indus., Inc. v. Naville-Saeger, 352 Ga. App. 342 (2019).  Wrote winning brief for appellant contractor in interlocutory appeal in which the Georgia Court of Appeals reversed the trial court’s denial of summary judgment on respondeat superior grounds in a wrongful death action arising out of a fatal traffic accident involving one of the contractor’s off-duty employees while he was traveling home from an out-of-state job site.
  • ML Healthcare Services, LLC v. Publix Super Markets, Inc., 881 F.3d 1293 (2018). Wrote brief and presented oral argument in a successful appeal in which the Eleventh Circuit affirmed a defense verdict in the face of a collateral source rule challenge to an evidentiary ruling by the district court that permitted the defense to impeach certain medical providers for bias in light of their financial relationship with a litigation funding company.
  • 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., 330 Ga. App. 138 (2014). Wrote winning brief that resulted in a reversal of summary judgment entered against client in a real estate dispute.
  • RockTenn CP, LLC v. BE & K Eng’g Co., LLC, 103 A.3d 512 (Del. 2014). Wrote brief and presented oral argument in matter in which the Delaware Supreme Court affirmed an anti-suit injunction issued by the Delaware Court of Chancery.
  • 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). 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). 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. 2008). Obtained reversal of a $2 million jury verdict in an intentional tort matter.
  • Combs v. Atlanta Auto Auction, Inc., 287 Ga. App. 9 (2007). Wrote winning brief in appeal in which the Georgia Court of Appeals reversed grant of summary judgment in a premises liability negligence action.
  • Carmell v. Texas, 529 U.S. 513 (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. 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 and Recognition
  • Best Lawyers in America, Appellate Practice, 2016-Present; Lead Partner of Atlanta Appellate Practice Group, Tier 1, Atlanta Region, 2020.
  • Chosen as Professor with Largest Impact on a Graduating Student, 2018, Georgia State University College of Law. 
  • 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.
  • Letter of Commendation from Richard P. Conaboy, Chairman, United States Sentencing Commission, July 1995, for work for work on United States v. McLellan.
  • Special Achievement Award, Department of Justice, 1994, 1997, for sustained superior performance.