May 2017

Carlock Copeland Welcomes Attorneys to our Atlanta Office

Carlock, Copeland & Stair, LLP welcomes new attorneys  Rolfe MartinLauren MeadowsFrederic Rushing, Jason Deere, Mark Rogers and  Xavier Balderes to the firm.

Carlock, Copeland & Stair Professional Liability Seminars
Risk Management for Audit Firms and Accountants
June 8  Atlanta, Georgia

Joe Kingma and the Accounting Malpractice Defense Team will present Risk Management for Audit and Accounting Firms at the Buckhead Club on June 8 - 1:30 p.m. to 5:30 p.m.
Please contact Patricia O'Toole at potoole@carlockcopeland.com for details.

Risk Management  for Architects and Engineers
June 15 Charleston, South Carolina 
Construction Phase Services: The Contact Sport of Design Professionals

Registration starts at 12:30 p.m., Program: 1:00 p.m. - 5:30 p.m.
Francis Marion Hotel, 387 King St, Charleston, SC 29403
Contact Michelle Mattox at mmattox@carlockcopeland.com for details.
Save the Date: August 11

Risk Management for Audit Firms and Accountants - Nashville, TN
Please contact Patricia O'Toole at potoole@carlockcopeland.com for details.

Save the Date: August 24

Insurance Coverage and Bad Faith Seminar - Atlanta Botanical Garden, Atlanta, GA
Please contact Patricia O'Toole at potoole@carlockcopeland.com for details.

Save the Date:  November 16
 
Risk Management for Architects and Engineers - Atlanta, GA 
Please contact Patricia O'Toole at potoole@carlockcopeland.com  for details.
 
Upcoming Events

Lee Weatherly will present, Lower Extremity Injuries and Malpractice: Identifying False or Exaggerated Claimsat the CLM & Business Insurance Workers' Compensation Conference in Chicago, Il, on May 24, 2017 at 1:30 p.m.  Click here for more information on the conference or to register.
 
Michael Manfredi  will participate in the NBI seminar  Unisured and Underinsured Motorist Law - Made Simple  on June 17, 2017 at the Cobb Galleria Center in Atlanta, GA. For more information on this seminar, please click  here .

Eric Frisch will present  Neonatal Brachial Plexus Palsy at the ACI Obstetric Malpractice Claims Conference. The conference will run from June 26-27, 2017 at The Union League of Philadelphia. Click here for more information.

Doug MacKelcan and Lee Weatherly will attend CLM Management & Professional Liability Conference in Boston, MA on July 26-28, 2017.  Lee is presenting Defending Foreign Born Doctors in Today's United States  on July 27, at 10:45 a.m.  Click here for more information on his presentation or for a link to register for the conference.

Shannon Sprinkle to participate in a panel discussion regarding Attorney Ethics and Professionalism at the 39th Annual National Association of Women Judges Conference on Saturday, October 14, 2017, in Atlanta, GA. For more information on the conference, please click here.

Recent Events

Joe Kingma  moderated  The State of the Insurance Market,  a panel presentation at the 
ABA National Legal Malpractice Conference  in Boston, on April 20th.  Click here for more information on that panel presentation.  To read  Takeaways from State of the LPL Market Panel Presentation , a recent commercial litigation blog post by Joe Kingma, please click here.

Jennifer Guerra attended and played the role of Defendant Lawyer in THEMIS ADVOCATES GROUP Mock Mediation on April 20th in Dallas, TX.  Click here for more information.

Laura Paton  presented to the Atlanta Chapter of Claims and Litigation Management Alliance (CLM) on the topic of Diversity in the Construction Law Industry on May 3rd in Atlanta, GA.
 
Joe Kingma Shannon Sprinkle , and  Megan McCue  won summary judgment in DeKalb County for their clients, a local defense law firm and its former partner.  The Plaintiff, the law firm's former client, sued the lawyer and firm for malpractice and breach of fiduciary seeking to recover for a $3.2 million dollar excess judgment awarded against the Plaintiff in an underlying personal injury trial.  The defendant lawyers did not try the case and had been substituted out months before trial. The Plaintiff contended that the defendant lawyers failed to proactively settle four competing claims, which had been asserted against the Plaintiff arising out of a multi-vehicle truck accident.  The Plaintiff had a single $1,000,000 insurance policy and faced two competing demands for the full policy limits.  The DeKalb Judge correctly found that the Plaintiff's case failed as a matter of law, because the acts of the competing litigants and subsequent counsel constituted intervening acts that broke the chain of proximate causation. While this win was a sigh of a relief for many lawyers that may find themselves in similar situations, the case is being appealed, so stay tuned for further updates.


Joe Kingma and Billy Newcomb won summary judgment for a top 100 accounting firm and one of its CPAs against malpractice claims brought in a Florida court by a publicly traded company.  The Plaintiff alleged that the accounting firm negligently failed to detect and report an internal fraud which the Plaintiff claimed cost it over $10 million.  Six other defendants, including a top 10 accounting firm, settled with the Plaintiff just after suit was filed, leaving CCS' clients as the sole defendants.  As part of their aggressive litigation plan to obtain an early favorable resolution for their clients, Billy and Joe filed a motion for summary judgment with their answer to the complaint.  At an early court-ordered mediation, the Plaintiff, perhaps a little too confident in its home court advantage, refused to lower its demand under $5 million.  Immediately after the mediation failed, the trial court granted summary judgment to CCS' clients and dismissed all of the Plaintiff's claims against them with prejudice.

Defense Verdict in Emergency Medicine Case in Spalding County

Partner Eric Frisch and associate Winter Wheeler obtained a defense verdict Spalding County, Georgia for a physician and physician assistant in a case alleging failure to transfer a patient with a surgical emergency fast enough. The case arose out of a patient who presented to the emergency department after suffering a high pressure injection injury involving paint thinner to the left middle finger. At the time of presentation, the physician was transferring a different patient with a hand injury to a hand surgeon. After the physician assistant and physician both saw the plaintiff, they asked the unit secretary to locate a second hand surgeon and accepting facility. The unit secretary was unable to locate an alternative. The original hand surgeon was called again and his hospital accepted the plaintiff 7.5 hours after presentation. Plaintiffs alleged the delay in treatment caused him to lose the tip of his finger. Two issues complicated the case, including the defendant physician's voluntary surrender of her license for a substance use issue and an attempt by the plaintiffs to impute liability for the non-party unit secretary's negligence to the physician. 
Carlock, Copeland & Stair, LLP is proud to announce the following lawyers have been selected for inclusion in the
South Carolina Super Lawyers® and Rising Stars® lists for 2017.

Super Lawyers®
Kent T. Stair - Construction Litigation

Rising Stars®
Douglas W. MacKelcan  - Civil Litigation: Defense
J. Patrick Norris- Construction Litigation
Laura Paris Paton - Construction Litigation
Tyler P. Winton - Construction Litigation

Carlock Copeland's Atlanta office will volunteer on June 24, 2017 for ServiceJuris Day! The ServiceJuris Project aims to unite the legal community to help make Atlanta a better, greener and more beautiful place to live.  The annual event, coordinated by  Hands On Atlanta, brings together over 30 Atlanta law firms and legal service companies to volunteer one day of their time for a service.  For more information on this event, to volunteer or donate please contact  Emily Ward .
   
Click Below for Blog Postings

 Health Law and Regulation Update Blog  

Editorial Staff

If you have questions or comments, please email  Jennifer Guerra.
 
The Carlock Copeland Firm  Newsletter is a periodic publication of  Carlock, Copeland & Stair, LLP, and should not  be construed as legal advice or legal opinion  on any specific facts or circumstances. The  contents are intended for general information  purposes only, and you are urged to consult  counsel concerning your own situation and any  specific legal questions you have.

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