news - Mayer & Harper, LLP

Appeals court reversal in school official immunity case

posted Jul 8, 2011 12:25 PM by Cash Morris

Mayer & Harper, LLP has won a reversal of a trial court's grant of summary judgment against a minor child who was checked-out from school by a sexual predator in violation of several school protocols and procedures. The Georgia Court of Appeals agreed with arguments by the firm that the internal rules were not discretionary, but ministerial and must be followed to entitle the school official to official immunity from liability. The Court further found that the rules were, in part, specifically intended to protect children from predators and that a jury would be authorized to find that the perpetrator's criminal act of molestation was a reasonably foreseeable consequence of negligently releasing the minor child to the unauthorized and unidentified 52-year-old-man.

Mayer Resolves Securities Claim

posted May 16, 2011 7:06 AM by Cash Morris

Randy Mayer recently settled a substantial securities case involving "hard money" loans (loans in which interest is high because banks won't make the loans). The allegations were that the loans were highly risky, illiquid, speculative and unsuitable for people nearing retirement age, especially in light of the over-concentration of the loan investments in the couple's portfolio. The settlement amount is confidential.

Settlement of Commercial Trucking Injury Case

posted Feb 16, 2011 9:02 AM by Cash Morris

Mark Harper recently negotiated the settlement of a commercial trucking injury case for a sum in excess of $325,000. The Plaintiff had several prior injuries which were aggravated by the wreck. The driver of the truck was on the wrong highway and it appeared that the requisite drug and alcohol tests were not done. Settlement occurred shortly after suit was filed.

HUSBAND FOUND IN WILLFUL CONTEMPT OF DIVORCE DECREE FOR ACCEPTING EX-WIFE'S 401(k) PROCEEDS ON HER DEATH

posted Dec 24, 2010 6:26 PM by Cash Morris

Mark Harper was successful in obtaining a favorable judgment in a contempt action involving the former spouse of a decedent who failed to change the beneficiary on her 401k plan following divorce to take the ex-husband off the plan. The ex-husband received a substantial check out of the 401k from his ex-wife's employer after her death and apparently decided he deserved the money. The judge disagreed and found him in willful contempt.

MAYER NEGOTIATES COMPLEX REAL ESTATE DISPUTE

posted Dec 24, 2010 6:23 PM by Cash Morris

Mr. Mayer successfully negotiated resolution of a complex dispute involving an option to purchase and lease back real estate. The project was overbuilt and the rent was tied to cost /appraisal. This created a mutual problem in that the tenant may not have been able to pay the rent without risking the loss of its business. The holder of the option was also a minority shareholder in the lessee's business.

Despite these obstacles, Mr. Mayer and counsel for the lessee were able to agree to a creative solution pre-suit.

Mayer Selected As Panel Arbitrator in Medicaid Reimbursement Case

posted Dec 2, 2010 11:41 AM by Cash Morris [ updated May 16, 2011 7:08 AM ]

Mr. Mayer has recently been selected by out of state counsel to serve on an arbitration panel addressing reimbursement issues in a hospital/Medicaid context. The claims are in excess of $20 million.

Mr. Mayer has also recently served on an Arbitration panel which addressed complex issues of Delaware law including rights of minority partners in a squeeze out, breach of fiduciary duty, and valuation in a purchase of a major business in the Landfill industry. This was also an eight figure case.

Acquittal of former Fulton County Detention Officer

posted Dec 2, 2010 11:39 AM by Cash Morris [ updated Dec 2, 2010 11:48 AM ]

The Firm has recently prevailed in federal court in defense of three criminal counts of alleged use of excessive force and violation of civil rights of an inmate by a corrections officer. The Justice Department has targeted the Fulton County Sheriff's Department and this is believed to be the first case under this program in which a corrections officer prevailed. See the Atlanta-Journal Constitution article.

Appeals Court reversal in premises case

posted Nov 14, 2010 6:35 PM by Cash Morris [ updated Dec 2, 2010 11:39 AM ]

The Firm has recently prevailed in the Court of Appeals on a groundbreaking premises liability case. The Court accepted the Firm's position that the proprietor's notice of a dangerous condition is implied by a violation of a county ordinance under a negligence per se theory even if there are no prior similar acts.