Wayne S. Melnick

Wayne Melnick is a Partner and former 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 Chairs FMG’s Media law practice team as well as being Vice-Chair of FMG’s Transportation practice team. Mr. Melnick is an extremely accomplished trial attorney and has tried over 100 jury trials to verdict in cases throughout the country. Based on his extensive trial experience and track record of success, Mr. Melnick is often called in at the 11th hour to “parachute” in and take over as lead trial counsel for high risk high exposure cases as a member of FMG’s On Call Trial Team.  As one of FMG’s most accomplished trial attorneys, Mr. Melnick Chairs FMG’s Trial Committee. That committee is responsible for reviewing every case across the nation that an FMG attorney will take to trial or arbitration to ensure that it is properly prepared and the best arguments are put forth on behalf of FMG’s clients.

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 is also continuously recognized as one of America’s “Best Lawyers.” Mr. Melnick previously served as one of only three Northern District of Georgia Representatives on the Board of Directors for the Georgia Defense Lawyers Association where he chaired various committees.

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• Interview on EmotionTrac’s “Latte with a Lawyer” podcast https://podcasters.spotify.com/pod/show/lattewithalawyer/episodes/Wayne-S–Melnick–Trial-Attorney-at-Freeman-Mathis–Gary–LLP–Season-4-Episode-10-e202kjp/a-a9f4ba7 
• “A Theory to Revive O.C.G.A. 51-12-1(b) to Allow Juries to Consider Amounts Paid to Medical Providers When Determining Reasonable Medical Expense Damages.” Georgia Defense Lawyers Magazine (2021)

• “Southern District Weighs in on Discoverability of Litigation Funding Agreements under the Federal Rules” FMGBlogLine (2020)

• “Assumption of the Risk in Georgia – Is “Common Sense” Finally the New Standard?” FMGBlogLine (2020)
• “An Era of Un-Road-Tested Drivers: What Parents and Their Insurers Need to Consider In Light of Georgia’s Changes to the Licensing Process During COVID-19” FMGBlogLine (2020)
• “UPS Orders Tesla Electric Big Rigs – One Step Closer to Driverless Semis” FMGBlogLine (2017)
• “SCOTUS Affirms FMG Victory In First-Of-Its Kind 11^th Circuit Flash Bang Case” FMG Blogline (2017)
• “The Militarization of Police and the Status of Qualified Immunity,” DRI, For the Defense (2017)
• “Additional Insured & Contractual Indemnity,” (2017)
• “A Double-Edged Sword: The Defense of Trucking Claims After The Federal Motor Carrier Safety Administration’s Mandate for Electronic Logging Devices,” Georgia Defense Lawyers Association Journal (2016)
• “Firing a School Cannon Provides Potential Liability,” FMG BlogLine (2016)
• “Liability Insurance Specific for Dog Bites?”FMG BlogLine (2016)
• “FMG Government Practice Section Obtains Summary Judgment in First-Of-Its-Kind Case in Eleventh Circuit Obtaining Qualified Immunity for Officers Accused of Burning a Woman with a Flash Bang Device,” FMG BlogLine (2015)
• “Drones Regulation Deadline Missed by FAA,” FMGBlogLine
• “Sauce for the Goose: Turning Plaintiffs’ Spoliation of Evidence Against Them,” Georgia Defense Lawyers Association Journal (2013)
• “Suppression of Identity: Has the Supreme Court Carved Yet Another Exception to the Exclusionary Rule?” 9 Fla. Defender 24 (1997) [cited in State v. Perkins, 760 So. 2d 85 (Fla. 2000)]

• American Bar Association (ABA)
  • Torts Trial and Insurance Practice Section, Member
• American Board of Trial Advocates (ABOTA)
  • Associate Membership Level
• Association of Defense Trial Attorneys (ADTA)
• Atlanta Claims Association (ACA)
• Claims & Litigation Management Alliance (CLM)
  • Municipal Law Committee, Co-Lead Chairperson
• Defense Research Institute (DRI)
  • Transportation Law Committee, Member
  • Civil Rights and Government Tort Committee, Member
  • Trial Tactics Committee, Member
• Georgia Defense Lawyers Association (GDLA)
  • 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
• National Retail and Restaurant Defense Association (NRRDA)
• Florida Bar Association
• State Bar of Georgia

Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim

Georgia Court of Appeals Grants Petitions for Interlocutory Appeal to Two Cases Handled by FMG Tort and Appellate Teams

Wayne Melnick and Andy Treese Secure The Plaintiff’s Voluntary Dismissal

Wayne Melnick and Andy Treese Obtain Summary Judgment in Case Involving Constitutional Rights

Wayne Melnick and Wesley Jackson Obtain a Favorable Appellate Verdict

Wayne Melnick Obtained Summary Judgment in a Wrongful Death Case

•  2023-2024 edition of The Best Lawyers in America^®
• Recognized by Best Lawyers in America®, 2021- 2023 Edition in the field of Litigation – Insurance
• Georgia Super Lawyers, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022
• Georgia Super Lawyers, Rising Star, 2006, 2009

• “Tick Tick Boom: Recent Developments Regarding Time-Limited, Policy-Limit Demands in Georgia” (2023)
• “Best Practices for Claims Handling and Defending Georgia Dram Shop Act cases” (2023)
• “Defending Federal and State Education Law Claims and Cases Based on Allegations of Sexual Assault or Sexual Harassment” (2023)
• “The Latest Developments on Title IX and Section 1983 claims in Education Law” (2022)
• “Defusing Potential Nuclear Verdicts and Vanquishing the Reptile” (2022)
• “A Primer on Common Non-Employment Public Entity Claims” (2022)
• “Responding to Time-Limited Demands and Offers of Judgment” (2022)
• “Adjusting and Defending Claims Against Public Employees in Light of New SCOTUS Qualified Immunity Case Law” (2022)
• “SCOTUS’s latest word on qualified immunity: an analysis of two new cases” (2021)
• “Understanding and Best Practices for Handling and Defending Georgia Uninsured/Underinsured Motorist Claims and Cases ” (2021)
• “Hot Topics in Georgia Premises Liability, Negligent Security, Dram Shop Act cases” (2021)
• “Caught on Video: Strategies for defending the public employee captured doing bad things on camera” (2021)
• “Comparing Time-Limited Demand Requirements in Massachusetts, Georgia, and California and Best Practices for Responding in Each Jurisdiction” (2021)
• “Requirements for Time-Limited, Policy Limits ‘Holt’ Demands and Best Practices for Responding to Same” (2021)
• “How to Spot Liability When Fido Bites: Recent Developments in Georgia Dog Bite Law” (2020)
• “Strategies for Handling Claims and Defending Tort Litigation in Georgia” (2020)
• “The New Normal: Defending Transportation Litigation in a COVID-19 World” Moderator (2020)
• “Education Claims in the Wake of COVID-19” (2020)
• “The Role of Coordinating Counsel in the Coronavirus Environment – Protecting Your Business Interests” (2020)
• “Lessons Learned in Trial: Successful Storytelling of the Truck Driver’s Point of View in Tractor-Trailer Accident Cases” (2019)
• “Lost in the Maze? A Map to Understanding Georgia Uninsured/Underinsured Motorist Insurance” (2019)
• “Interlocutory Lockout: When the Court Prevents an Immediate Appeal of Qualified Immunity” (2019)
• “Litigation and Medical Funding Roundtable: More Evidence of Backroom Dealings Come to Light” (2019)
• “Welcome to the New Normal: Synthetic Drugs of Abuse and Defending Related Municipal Claims” (2019)
• “Medical Litigation Funding: What You Need To Know About The Scourge Of Modern Litigation” (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)