BUSINESS LAW ILLUSTRATIVE RESULTS:
Covenant Not to Compete
After 8 months of litigation in DeKalb and Henry Counties, partners Patrick Jaugstetter and Greg Futch were able to gain a Franchisee's release from the Non-Compete Covenants in the Franchise Agreement. After meeting with their client, Greg and Patrick filed suit against the Franchisor asking the Court to declare void a non-compete clause in the Franchise Agreement. After eight months of litigation, the Franchisor relented and released the Franchisee from the covenant. The non-compete covenant, if enforced, would have prevented the franchisee from doing business.
Class Action/Junk Faxes
Patrick Jaugstetter recently obtained a favorable settlement on behalf of a client subjected to a class action claim for violation of the Telephone Consumer Protection Act. The claim against the client alleged that the client sent "junk faxes" in violation of the TCPA. The Client faced statutory damages in excess $2,500,000; after defending the allegations, the claim was settled in a manner that resulted in a cash payment by the firm's client of less than $250,000.
Breach of Contract
Greg Futch recently concluded a jury trial wherewith jury returned a verdict in favor of our client, the Plaintiff, who had to file suit to collect on a loan of over $100,000. Without an actual loan document the case was primarily credibility driven and Mr. Futch was able to convince the jury our client was the most credible.
Recently Warren Power successfully represented the Plaintiff in a Breach of Contract claim by obtaining a judgment of over $100,000 plus attorney's fees and expenses of litigation in the Superior Court of Henry County.
Trademark Infringement
Mr. Power has successfully handled two trademark infringement cases. The first case was brought by Mr. Power's client against the official legal organ of Henry County in the Superior Court of Henry County. The second case involved the defense of a client in Federal Court for trademark infringement. Mr. Power successfully defended the alleged infringer and obtained an award of attorney's fees for his client by the Plaintiff.
CRIMINAL LAW ILLUSTRATIVE RESULTS:
Recently, Greg Futch defended a young man charged with aggravated assault in Henry County. He was alleged to have assaulted several young men at a neighborhood pool with a gun however, in reality he was protecting himself and his young children from the alleged victims. The State wanted him to go to prison. Mr. Futch defended him before a jury and he was found not guilty on all charges.
EMINENT DOMAIN ILLUSTRATIVE EXPERIENCES & RESULTS:
Experience:
•Mr. Power has acquired over 1000 parcels of property for the State of Georgia as a Special Assistant Attorney General.
•Mr. Power has handled over 100 condemnation cases for the State of Georgia as a Special Assistant Attorney General.
•Mr. Power has served as outside eminent domain counsel to the City of Atlanta by assisting in the acquisition of subsurface right of way for the City, DeKalb and Fulton Counties to construct. The Nancy Creek Sewer tunnel. This project extended more than 8.25 miles and affected approximately 300 property owners.
•Mr. Power has taught numerous continuing Legal Education Courses on eminent domain and land use since 2003.
•Mr. Power has successfully handled the defense of an inverse business loss claim of a national pharmacy chain seeking business loss damages in excess of 2.4 million dollars.
•Mr. Power has successfully prevented the government's attempt to force a condemned property owner to take back property and to return compensation already paid.
Illustrative Case Results:
Federal Aviation Easement Cases
Warren Power and Patrick Jaugstetter represented five property owners against the United States of America and the US Air Force. Through their efforts, Mr. Power and Mr. Jaugstetter were able to obtain settlement offers from the United States during court-ordered mediation ranging from a 700% increase over the pay-in up to over 16,000% increase over the pay-in.
Subsurface Easement Cases
Warren Power handled numerous sanitary sewer easement cases for property owners. Mr. Power was able to obtain 179% to 1,217% increases in compensation for the property owners over the amount of money initially offered by the government.
Municipal Cases
Warren Power represented the owners of property against the City of McDonough in a sewer treatment plant expansion. Mr. Power was able to obtain a 213% increase in compensation for his client over the initial amount of money offered by the City of McDonough.
Warren Power represented three owners against the City of Stockbridge for the urban redevelopment of downtown Stockbridge. Through Mr. Power's efforts, he was able to obtain increased awards of compensation from 102%, 123%, and 160%, respectively, over the amounts of money initially offered by the government.
County Cases
Warren Power has represented numerous property owners against Clayton and Henry Counties. Mr. Power has successfully obtained a 207% to 761% increases over the amounts of money initially offered by these governments.
Power Lines
Warren Power most recently represented two property owners in Henry County involving a 230KV Transmission line expansion. Mr. Power was able to obtain a 154% and 696% increase, respectively in compensation for his clients over the initial money offered by Georgia Transmission Corporation.
FAMILY LAW ILLUSTRATIVE RESULTS:
Recently Greg Futch and associate, Lauren Thompson, successfully defended a husband in a jury trial in the Superior Court of Henry County. The divorce trial lasted almost a week; during trial, the client's wife (who did not work during the couple's twenty year marriage) demanded a substantial award of alimony along with a substantial property settlement. At the conclusion of the trial, the jury awarded the firm's client all of the property he sought at trial. Additionally, the jury refused to award alimony in the amount demanded by the wife; instead, nominal alimony was awarded to the wife in an amount far less than the firm's client had offered prior to trial. At its conclusion, the jury awarded the wife only those items that the firm's client testified she should receive and resulted in the wife being awarded significantly less than what she had been offered prior to trial during mediation, which she rejected. As a result of the efforts of Mr. Futch and Ms. Thompson, the firm's client will retain sufficient assets and income to rebuild his life following a long and difficult divorce.
Recently, in Clayton County Superior Court, Greg Futch defended a Wife and Mother whose Husband sought a divorce also without giving her a fair division of property and equally dividing the retirement accounts. Mr. Futch convinced the jury not only to give her equal division of his retirement but also to award her alimony.
REAL ESTATE ILLUSTRATIVE TRANSACTIONS:
•Mr. Power has closed a Six Million Dollar acquisition by the Georgia Regional Transit Authority in Clayton County, Georgia.
•Mr. Power has closed 25 acres in Henry County, Georgia for the Technical College System of Georgia's expansion of Griffin Tech. as part of an Eight Million Dollar expansion project.
•Mr. Power has negotiated the Seller's Contract of a Nine Million Dollar sale of realty for a mixed-use development needing GRTA approval
•Mr. Power has negotiated the Seller's Contract of a Three and a Half Million Dollar sale of realty for a mixed-use development
Foreclosure Confirmations
During the first half of 2010, Patrick Jaugstetter has successfully represented multiple property owners against lenders seeking to confirm foreclosure sales. The successful defense of these actions has relieved Patrick's clients of facing lawsuits seeking millions of dollars in judgments.
PERSONAL INJURY MATTERS:
Power, Jaugstetter & Futch is primarily a litigation firm. We handle all types of litigation matters, including personal injury. Over the years, we have handled several personal injury claims ranging from simple sprains as a result of an automobile crashing through a building to wrongful death. Some of our recent settlements show the wide-range of personal injury claims we handle.
•Tractor Trailer crashes through an office injuring a worker
•Car crash resulting in driver's broken nose
•Car crash resulting in a broken sternum and broken right arm
•Car crash resulting in severe facial laceration of driver
•Medical Malpractice - wrongful administration of methotrexol resulting in miscarriage
•Wrongful Death - Truck Driver crashes in to a bicycler resulting in death of bicycler
