Significant Cases

Mallory Ball and Dana Maine Secured Dismissal of Plaintiff’s Complaint

Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a…

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Mallory Ball and Dana Maine secured dismissal of Plaintiffs’ complaint for abusive litigation, emotional damages, and interference with business relations. Plaintiffs alleged that Defendants’ actions in the underlying litigation, in which the Georgia Court of Appeals reversed a jury award given to the Defendant-lawyers’ client, amounted to abusive litigation. The Superior Court of Cherokee County decided otherwise, granting the Defendants’ motion to dismiss for a number of reasons, including that Defendants acted in good faith and were substantially successful in the underlying litigation, some of the Plaintiffs could not assert claims for abusive litigation because they were not parties to the underlying litigation, some of the Plaintiffs failed to provide the requisite statutory notice to Defendants, abusive litigation claims are not assignable, and the abusive litigation statute is the sole remedy for Plaintiffs’ alleged claims.

Larry C. Oldham, Lynn M. Oldham and Larry C. Oldham, Assignee of Thomas C. Bowen v. Phillip E. Friduss, Phillip M. Landrum, III, E. Cody Laird, Jr., Hall, Booth & Smith, P.C., and Landrum and Landrum; Superior Court of Cherokee County

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