The Equitable Building
100 Peachtree Street, N.W.
Atlanta, Georgia 30303-1912
Telephone: (404) 524-5626
Facsimile: (404) 524-1769
LITIGATION AND TRIAL
ILLUSTRATIVE MATTERS HANDLED
Firm members Clark H. McGehee and William C. Lanham, in association with several other local law firms, reach $15 million global settlement for workers injured and killed in the collapse of the elevated Atlanta Botanical Gardens canopy walkway
Firm members Clark H. McGehee and William C. Lanham obtain breach of warranty preemption win in Class III medical device case involving the failure of a St. Jude spinal cord stimulator.
Firm members Clark H. McGehee and William C. Lanham settle brain damage case for $15,000,000.00
Johnson & Ward Files Suit Against Smith & Nephew in Knee Implant Recall Case
Firm members William C. Lanham and Clark H. McGehee obtain jury verdict resulting in $3,500,000.00 wrongful death recovery.
Challenge and diversity characterize the firm's civil trial practice. The firm has obtained numerous settlements and verdicts in excess of $1,000,000.00, and regularly is employed in complex civil cases throughout Georgia and the Southeastern United States. The following are areas of litigation in which the firm has practiced, illustrating the broad range of the matters handled, and are representative of the diverse nature of the firm's activities over the course of the past five decades:
- Architectural/Engineering Negligence
- Automotive/Trucking Accidents
- Burn Injury
- Competition Law
- Copyright and Trademark Infringement
- Discrimination and Employment
- Governmental Liability
- Insurance (Bad Faith Refusal to
- Legal Malpractice
- Medical Negligence
- Nursing Home Neglect
- Premises Liability
- Product Liability
- Railroad/Grade Crossing
- Traumatic Brain Injury
Firm members Clark H. McGehee and William C. Lanham are involved in litigation involving the failure of implantable pulse generators, also known as spinal cord stimulators, including products manufactured by St. Jude Medical Neuromodulation Division and Advanced Neuromodulation Systems, Inc., and is reviewing cases involving the failure of other implantable spinal cord stimulators manufactured by other medical device manufacturers. See attached Order obtained on June 15, 2012. See also a discussion of this case on the litigation and trial law blog at http://goo.gl/i62yM.
Firm members Clark H. McGehee and William C. Lanham are currently handling litigation involving the recall of the Smith & Nephew Cementless Oxinium Profix and Genesis knee implants. For information on that litigation, see the attached article, "Johnson & Ward Files Suit Against Smith & Nephew in Recall Case." Mr. McGehee and Mr. Lanham are also currently litigating a number of Salmonella and E. coli food poisoning cases, arising out of recent outbreaks occurring in Georgia and the southeastern United States. In addition, they have also recently concluded several seven figure settlements for wrongful death and serious personal injury, including several tractor trailer/automobile collision claims; a motor vehicle/dram shop liability claim; a governmental liability/high speed pursuit claim; several settlements concerning product liability/automobile design defects; and a number of governmental liability/roadway design engineering matters.
The lawyers at Johnson & Ward have
successfully handled thousands of civil matters, including complex civil
cases such as:
- representation of victims of the collapse of the Atlanta Botanical Gardens elevated canopy walkway in December 2008.
- representation of victims of the Olympic bombing at the 1996 Atlanta Olympic games.
- representation of victims of the 1998
E. coli outbreak at the Atlanta White Water Park, which
killed one child and seriously injured dozens.
- representation of victims of
insurance bad faith and wrongful denial of coverage, including the
first ever ruling by a Georgia Appellate Court that an insurance
company's policy must be broadened to conform with the minimum
coverages under the Georgia Standard Fire Policy.
- representation of victims of numerous commercial
and private aviation disasters, including acting as representative
of the Plaintiffs' steering committee.
- representation of victims of the Toccoa
Dam disaster in which 39 people died.
- representation of victims of numerous trucking,
automotive and railroad tragedies, including cases against most of
the major trucking companies in the United States.
- representation of victims of medical
and hospital-related negligence in numerous cases against
physicians, hospitals, nursing homes and other medical care providers
throughout the State of Georgia, including the first verdict ever
obtained against Atlanta's Fulton-Dekalb Hospital Authority (a/k/a
Grady Memorial Hospital).
- representation of victims of nursing
home abuse and neglect.
- representation of victims of defective
products, ranging from defective autopilot systems to improperly
designed automobiles to dangerous saws and power equipment, including
cases against most of the major automobile manufacturers.
- representation of victims of governmental
negligence, including cases brought under the State and Federal
Tort Claims Acts, and the first case taken to the Georgia Supreme
Court to address the parameters of recovery under the State Tort
- representation of victims of
negligent highway design, construction and maintenance, including
establishing precedent in the Georgia Supreme Court in suits against
the State for negligent highway design under the State Tort Claims
- representation of victims of securities
fraud perpetrated on prominent athletes and others by a large
brokerage firm, which included the first ever ruling by a Georgia
Appellate Court permitting a jury trial, despite a mandatory
arbitration clause in a brokerage agreement.
- representation of independent movie
distributors in anti-trust and breach of contract actions
against major motion picture companies in the United States.
- representation of numerous groups of
tenants and owners of apartment complexes in fire-related disasters
and architectural/engineering negligence cases.
- representation of numerous employees and
ex-employees of many Fortune 500 companies, federal and state
governments and the postal service regarding claims of
discrimination, harassment and retaliation because of age, race,
gender, disability, religion, national origin and color.
- representation of numerous companies and
individuals seeking to enforce or defend against restrictive
covenant agreements, such as non-compete, non-solicitation and
- representation of numerous companies and
individuals regarding business tort claims, such as fraud,
breach of fiduciary duty, interference with contractual relations,
interference with business relations, unfair business practices, RICO,
misappropriation of assets, invasion of privacy, libel, slander and
GENERAL BUSINESS AND CORPORATE
The lawyers at Johnson & Ward have engaged in a number of significant corporate transactions including the representation of computer hardware and software companies in the acquisition and merger with other corporations, and insurance coverage issues. Additionally, Johnson & Ward attorneys have represented companies engaged in commercial real estate development and import trade in significant transactions. Recently, the firm's attorneys have represented a large aircraft brokerage company in the acquisition of real estate and the establishment of a commercial aircraft servicing facility.
We have handled numerous copyright and trademark matters, including:
- representation of a trademark licensee
in negotiations with a major league baseball team;
- advising a publisher regarding
international copyright issues;
- representation of authors regarding
contract and copyright matters; and
- numerous successful trademark