Attorneys Harmon Caldwell and Jeremy Moeser defended the firm’s client in a lawsuit brought by a plaintiff in Mecklenburg County, North Carolina. In response to the allegations, the client asserted a counterclaim for abuse of process (using the legal process for an improper purpose). Ultimately, Mr. Caldwell and Mr. Moeser tried the case for nearly two weeks. The jury returned a verdict within an hour finding in favor of the firm’s client on both the plaintiff’s claim (the plaintiff’s claim was dismissed) and the client’s counterclaim. The jury awarded approximately $1.5 million, which included over $600,000 in punitive damages. The firm is not aware of a jury ever awarding a verdict of that size for an abuse of process claim in North Carolina.

CCED litigators Rob Carlson, Chris Wilkerson, and Lauren Miller obtained a ruling
from the Georgia Court of Appeals affirming their nearly $7 million jury verdict on
behalf of their client, a minority shareholder in an Atlanta waste management
company, for breach of fiduciary duty. On appeal, the defendant argued that the trial
court erred in refusing to exclude the testimony of CCED’s valuation expert. Writing
for the Court of Appeals, Judge John Pipkin rendered a lengthy but unpublished
opinion rejecting the defendant’s arguments and affirming the jury verdict in favor of
CCED’s client. Kitchens v. Foye, Georgia Court of Appeals, Case No. A23A0088.

Link to Opinion

CCED is pleased to welcome Steve Hardy to the firm as Of Counsel to practice in the areas of shareholder and partnership litigation, contract disputes, commercial litigation, controversies involving intellectual property rights, estate and trust litigation, breach of fiduciary duty claims, and appellate advocacy. Steve received his B.A. magna cum laude in economics with minors in mathematics and philosophy from Brigham Young University in 1987 before attending the University of California Berkley Law School where he was an Associate Editor of the California Law Review. Steve brings with him a wealth of experience having worked at several large firms and as a sole practitioner over the course of his 30-year career as a litigator. CCED is proud to bring Steve onboard as its newest member of the team.

CCED is proud to announce Peter Rivner as our firm’s newest equity partner.  Peter has been a valuable member of the firm since 2013 and over the years consistently proven his strong work ethic, legal skills, teamwork, and dedication to the firm’s success.  Peter’s hard work and effective advocacy has helped grow the firm’s presence and solidify our reputation with clients and the legal community. 

“Peter’s devotion to the firm and outstanding representation of our clients has been a tremendous asset to the firm” said managing partner, Rob Carlson.  “I am honored to have Peter advance to his new position as an equity partner and the integral role he will play in the firm’s family law and fiduciary litigation practice.”    

Congratulations to Peter Rivner on a very well-deserved promotion! 

After a week-long trial in Fulton County Superior Court, CCED litigators Rob Carlson, Chris Wilkerson and Lauren Miller achieved a $7 million jury verdict on behalf of their client, a minority shareholder in an Atlanta waste management company, for breach of fiduciary duty.  The verdict rendered against the company’s majority shareholder ended a five-year battle that began as a Shareholder Inspection Demand proceeding brought in Gwinnett County Superior Court and ultimately led to the filing of the breach of fiduciary duty claims in Fulton County. The notable jury verdict awarded $5 million in punitive damages and over $1.9 million in compensatory damages, including more than $683,000 in attorney’s fees, marking the firm’s first in-person jury trial since the start of the pandemic with an extraordinary victory for CCED’s client.

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