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Our Representative Cases

Representative Cases — Experienced Atlanta Litigation Firm

At David J. Hungeling Law Office, our firm is dedicated to achieving positive results for our clients. Although we cannot guarantee a specific result in any case, we have been successful in the majority of our cases.

Contact us today for a consultation with a skilled litigator.

A Record of Successful Case Results

Below are some of our representative cases:

June 2003Professional Malpractice$5,000,000
March 2004Automobile Accident$100,000
September 2004Consumer Fraud$199,000
April 2005Investment Fraud$375,000
June 2005Shareholder Dispute$460,000
June 2005ERISA Litigation$206,000
January 2006RICO/Investment Fraud$13,374,622
February 2006Shareholder Action$125,000
March 2006Contract Dispute$105,000
May 2006Professional Malpractice$1,600,000
December 2006Corporate Divorce$3,200,000
March 2007Slip and Fall/Personal Injury$200,000
March 2007Partnership Dispute$455,000
May 2007Partnership Dispute$135,000
June 2007Consumer Fraud$400,000
January 2008Product Liability$247,000
February 2008Slip & Fall/Personal Injury$180,000
April 2008Shareholder Dispute/Corporate Divorce$3,500,000
May 2008Breach of Contract/Employee Stock Options$797,000
July 2008RICO/Class Action Settlement$2,650,000
July 2008Breach of Contract/Promissory Notes$110,000
August 2008Storm Water Runoff/Nuisance/Trespass$325,000
October 2008Breach of Contract/Government Contract$160,000
October 2008Breach of Contract/Real Estate Contract$100,000
November 2008Breach of Contract/Computer Services$105,000
January 2009Insurance Coverage Dispute$100,000
February 2009Breach of Contract/Publishing Agreement$125,000
April 2009RICO/Class Action Judgment$51,737,355
June 2009Breach of Contract/Commercial Collection$150,000
October 2009Breach of Contract$1,126,341
February 2010Pharmacist Malpractice$67,500
April 2010Breach of Contract/Commecial Collection$1,850,000
April 2010Breach of Contract/Commecial Collection$225,000
June 2010Medical Malpractice$400,000 
November 2010Breach of Contract/Commecial Collection$468,000
December 2010Breach of Contract/Government Contract$125,000 
April 2011Insurance Coverage/Breach of Contract$635,707 
May 2011Insurance Coverage/Breach of Contract$3,741,397
June 2011Breach of Contract/Commecial Collection$1,689,805.36
August 2011Legal Malpractice/Insurance Dispute$800,000 

More Than $98.8 Million in Settlements Since 2000

Since 2000, Mr. Hungeling has achieved more than $87.4 million in settlements and judgments for his clients. But in addition to representing plaintiffs, we have been just as successful defending individuals and businesses in a variety of cases. Some of our recent defense success stories include:

  • In March 2011, we won  a motion to dismiss a putative consumer class-action lawsuit filed against Intelius Inc. in the United States District Court for the Middle District of Georgia. Read the Court's opinion Hook v. Intelius, Inc. No: 5:10-CV-239-MTT, 2011 U.S. Dist. LEXIS 31879 (Mar. 28, 2011, M.D. Ga.).
  • In May of 2011, we convinced the plaintiff in a legal malpractice case to voluntarily dismiss claims he filed against a law firm and to allow the attorneys to collect outstanding legal fees in excess of a half-million dollars.
  • In September of 2010, we won a motion to dismiss a frivolous complaint filed against an insurance brokerage by a disgruntled competitor in the United States District Court for the Northern District of Georgia. Read the Court's opinion here.
  • Successfully defended several companies in two lawsuits filed by State Farm Insurance Company in which State Farm sought to deny coverage for policyholders who were sued in a consumer class action lawsuit. The trial courts in the Superior Court of Chatham County, Georgia and United States District Court for the Southern District of Georgia both ruled that State Farm had to defend the policyholder, thus preserving the clients' access to $20 million of insurance coverage. Read both of those opinions here.
  • Achieved dismissal of a several related case involving claims of investment fraud and RICO violations asserted against a general partner in a real estate development company
  • Achieved a favorable settlement for an employer sued by a former employee/shareholder after the court sanctioned the plaintiff for discovery abuse
  • Won a motion to dismiss claims asserted against an executrix of an estate for mismanagement and breach of fiduciary duty
  • Successfully defended a commercial tenant in dispute over its lease

  • Negotiated dismissal of complicated claims of investment fraud and civil conspiracy against a financial institution

Representative Federal Court Cases

  • United States Ex. Rel., et. al. v. Angela Isley, et. al., N.D. Ga. (2003). Defended corporate executive in a Qui Tam action involving claims for violation of the False Claims Act. The United States alleged that the defendant and her orthopedic supply company participated in a scheme to defraud medicare. The parties settled the case.
  • Butler v. Aasen, et. al., N.D. Ga. (2004). Filed suit to recover benefits owed to employee under an ERISA retirement plan. The Plan ultimately paid all benefits owed. The former employer had also filed a related suit against the employee in state court, which case was voluntarily dismissed as part of the settlement.
  • Strong Industries, Inc. v. Michael M. McKenzie, N.D. Bank. (2005). Filed adversary proceeding against debtor to avoid discharge of a state court judgment that included a claim for conversion. Won summary judgment against the debtor.
  • Brenner, et. al. v. Future Graphics, LLC, et. al. N.D. Ga. (2006). Appointed co-lead counsel in RICO fraud class action involving the sale of fraudulent business opportunities. After the trial court granted class certification on plaintiffs' state and federal RICO claims and the 11th Circuit Court of Appeals refused to consider an appeal of that order, Defendant Future Graphics settled for $2.65 million. Secured a judgment for $51 Million against the remaining defendants.
  • Grien v. Generac Power Systems, Inc., N.D. Ga. (2006). Represented consumer in a breach of warranty and product liability case against generator manufacturer. The case was settled after the parties filed cross-motions for summary judgment.
  • Roderique v. Wachovia Bank, N.A., N.D. Ga. (2006). Represented bank customer in case involving the wrongful electronic withdrawal of $500,000 from the customer's account. The withdrawal was made by investment hedge fund manager that was later convicted of fraud. Bank of America, was later added as a party defendant and the banks ultimately settled the case before trial.
  • Sykora v. Stonebridge Pharma, LLC et. al., N.D. Ga. (2007). Represented executive in action against former employer for ERISA violations, unpaid benefits, tortious interference, and other claims. The dispute between the parties also involved related actions pending in Florida and Gwinnett Superior Court. All pending actions were ultimately settled.
  • EDAW, Inc. v. DeKalb County, Georgia, N.D. Ga. (2008). Representing international design firm in breach of contract dispute against DeKalb County. The County ultimately agreed to pay our client in full for the amounts due under the contract.
  • Davis v. Outdoor Partner Media, Inc., N.D. Ga (2008). Represented shareholder and former executive in suit for breach of contract arising from acquisition of the executive's company. The Company was represented by a large multi-national law firm that filed a motion to dismiss. We were successful in persuading the Court to deny the Motion in its entirety which is reported at Davis v. OutdoorPartner Media, Inc., No.: 1:08-CV-1506-JTC, 2009 U.S. Dist. LEXIS 120929 (Mar. 19, 2009 N.D. Ga)  The parties reached an amicable settlement before discovery commenced.
  • Loot, Inc. v. Kipepeo, LLC, N.D. Ga. (2008). Defended New York-based jewelry design firm in breach of contract case in which the plaintiff alleged that it is owed unpaid commissions. Defendant asserted counters claims and the matter promptly settled therafter.
  • Oceana Sensor, Inc d/b/a/ Total Web Hosting Solutions v. Fulton County, Georgia, N.D.Ga. (2008). Representing computer services company in breach of contract case against Fulton County. The Defendant filed a motion to dismiss and motion for summary judgment, both of which the court denied. On the eve of trial, Fulton County finally agreed to pay our client what it was owed. The district court's order denying the defendant's motion to dismiss is reported at Oceana Sensor v. Fulton County, Georgia, No. 1:08-CV-2981-BBM, 2009 U.S. Dist. LEXIS 122271 April 8, 2009 N.D. Ga. and the order denying defendant's motion for summary judgment at 2009 U.S. Dist. Lexis 120892 (Aug. 27, 2009 N.D. Ga.)
  • Bond Safeguard Ins. Co. v. Diane Ward, et. al. N.D. Ga. (2009), Represented defendants in fraudulent conveyance action alleging $20 million in fraudulent conveyances between real-estate developer and his wife.  We were successful in having the case transferred from Georgia to the Middle District of Florida where Defendants reside. The district court's order granting the Defendants' Motion to Transfer is reported at Bond Safeguard Ins. Co. v. Ward, 1:09-CV-0093-WSD, 2009 U.S. Dist. LEXIS 40723 (May 14, 2009 N.D. Ga.)
  • Juilfs v. Assurance Company of America, E.D. Tenn. (2009), Represented plaintiff in suit arising from property insurer's bad faith failure to pay a fire loss claim. The case was settled favorably for the client.
  • Anderson News, LLC v. The Paradies Shops, Inc, N.D. Ga. (2009), Represented national book and magazine distributor in multi-million-dollar, commercial collection action. The action was settled.
  • Anderson News, LLC. v. Airport Concessions, Inc., Represented national book and magazine distributor in commercial collection action. The action was settled.
  • Maryland Investment, LLC v. Pak, N.D. Ga. (2010), Represented plaintiff in contract dispute, after the case was removed to federal court. The Plaintiff hired us to file a motion to remand the case back to state court. The Court's decision to grant the motion to remand is reported at Md. Inv., LLC. v. Pak, No. 1:10-CV-1383-WSD, 2010 U.S. Dist. LEXIS 104822 (Sept. 29, 2010 N.D. Ga.)
  • State Farm v. Waithe, S.D. Ga. (2009), represented policyholders in a declaratory judgment action filed against them by State Farm. The policyholders sought defense and indemnity under various commercial liability insurance policies for claims asserted against the policyholders in a consumer class action lawsuit. We won a motion for summary judgment, and State Farm was ordered to defend the policyholder, thereby preserving $20 million of potential insurance coverage for our clients. Read the Court's order here.
  • DBG Benefit Solutions, Inc. v. Argus Holdings, Inc. N.D. Ga. (2010), Represented insurance broker and employee benefits firm in frivolous action filed by a disgruntled competitor. The plaintiff alleged that our client tortiously interfered with a customer relationship when the customer decided to hire our client instead of the Plaintiff. We moved to dismiss the complaint, which the court granted in its enterity. Read the Court's order here.
  • Callner, Portnoy and Strawser, P.C. v. Bank of America, N.D. Ga. (2010), Represented law firm in action against its bank for losses arising from an international wire-fraud scam. The case was settled before discovery commenced.
  • Whitaker v. Auto-Owners Insurance Co., N.D. Ga. (2010). Represented policyholders in an insurance coverage dispute arising from property insurer's bad faith failure to pay a catastrophic fire loss. The case settled shortly after the insurance representatives were deposed.

  • Hook v. Intelius, Inc. M.D. Ga. (2010), Represented a leading Information Commerce company that provides intelligence services to consumers and businesses over the Internet. Our client was sued in a putative consumer class action where it was wrongfully accused of defrauding its online customers. We filed and won a motion to dismiss the complaint in its entirety. The Court's decision to grant the motion to dismiss is reported at Hook v. Intelius, Inc. No: 5:10-CV-239-MTT, 2011 U.S. Dist. LEXIS 31879 (Mar. 28, 2011, M.D. Ga.)

Significant Georgia State Court Cases:

  • Avigenics, Inc. v. Dr. Helen Sang, et. al., Superior Court of Clarke County (2001). While an associate at Alston & Bird, drafted the brief for a Plaintiff seeking injunctive relief to prevent the misappropriation of trade secrets. The Court granted the Motion and issued the injunction.
  • Docu-Code, Inc. v. Dana Cummings, et. al., Superior Court of Dekalb County (2003-04). Represented company in suit against two former employees and their new employer to enforce non-compete agreements and protect trade secrets. After a year of litigation, which effectively prevented defendants' from competing, the parties agreed to a confidential settlement.
  • Anthony Melendez, et. al. v. Ritmo Latino Atlanta, LLC, Superior Court of Cobb County (2005-06). Defended company in suit by former employees and purported owners seeking unpaid commissions and enforcement of contract to sell them an interest in the company. After filing a Motion to Dismiss, Plaintiffs voluntarily dismissed their case.
  • Western Services, LLC v. Richard J. Morrell, et. al., Superior Court of Gwinnett County, Georgia (2003-06). Represented investor who lost $326,000 in business opportunity scam who asserted claims for securities fraud and RICO violations. The case was tried to jury who returned a verdict for $4.5 million. The trial judge trebled that award as allowed under Georgia's RICO statute and entered judgment for Plaintiff in the amount of $13,374,622. That verdict and judgment was later upheld on appeal.
  • Rosenfeld v. Rosenfeld, et. al., Superior Court of DeKalb County, Georgia (2005-06). Represented wife and minority shareholder in suit against her husband for breaches of fiduciary duty and other damages in this shareholder dispute. The lawsuit was filed while the husband and wife were also involved in a bitter divorce action. The shareholder action was eventually tried to a jury, who awarded the wife $125,000 in damages. That verdict was upheld on appeal. Following the trial in the shareholder action, our firm was hired to assist in the jury trial in the divorce action.
  • Morton v. Mann, et. al., Superior Court of Fulton County, Georgia (2006-08). Represented a nanny that was injured at her employer's home while using a six foot ladder to clean windows. Plaintiff suffered a broken ankle and finger. The ankle injury ultimately required surgery. Defendants denied liability and vigorously defended the case for nearly two years. We were successful in defeating Defendant's Motion for Summary Judgment and were twice awarded sanctions against Defendants and their counsel for discovery abuses. The case ultimately settled on the eve of trial for $180,000.
  • State Farm Fire & Casualty Co. v. Toler, et. al., Superior Court of Chatham County, Georgia (2008-09). Represented several individuals and their businesses in a declaratory judgment action filed by their insurer. State Farm filed suit against these policyholders asking that the court declare that State Farm was not obligated to provide a defense or indemnify the policyholders for a putative class action lawsuit that was filed against them. We were successful in getting the trial court to find that State Farm was obligated to provide a defense to the policyholder, thus preserving $20 million of insurance coverage for the client. State Farm appealed the trial court's order, which appeal is currently pending in the Georgia Court of Appeals.

  • Paint Horse, LLC v. Security Real Estate Services, Inc., et. al., Superior Court of Bibb County, Georgia (2008-09). Represented real estate investment company and owner in lawsuit against its lender and loan officer for breach of contract, fraud, conspiracy and other causes of action arising from a $15 million real estate development in North Georgia.

Cases outside of Georgia:

  • Western Services, LLC v. Piedmont Trading, Inc. et. al., Superior Court of Wake County, North Carolina, (2008). Represented seafood broker and investor who loaned the Defendant money to purchase 25 metric tons of King Crab. Defendant defaulted on the loan and tried to dump the unmarketable bad crabs. The case settled after mediation.
  • Anderson News, LLC v. Hudson News, et. al., Circuit Court of Knox County, Tennessee (2009). Represented magazine and book distributor in breach of contract action against a large national retailer. The case was tried to a jury in Knoxville, Tennessee in June of 2011 resulting in a verdict for our client of approximately $1.7 million. The defendants' were represented by a global law firm that boasts of having more than 4,000 lawyers worldwide.
  • Wachovia Bank, N.A. v. Ward, Circuit Court for Orange County, Florida (Orlando) (2009). Representing real-estate developer in action on guarantees he signed for commercial loan made to his company. We filed a counterclaim against the bank for lender liability. The case is still pending.

Arbitrations:

  • Angela D. Isley v. Orthoscript, Inc., American Arbitration Association (2006). Represented former officer and shareholder of closely held corporation in arbitration filed against her former employer seeking enforcement of a Termination Agreement and other relief. The Company asserted counterclaims against the Claimant and the parties ultimately resolved the case.
  • Woodbury Financial Services, Inc. v. Roger E. Sulhoff, NASD Arbitration (2001). Represented Broker/Dealer in suit to recover a marketing loan made to Broker who had left employment. The case settled after Broker paid loan in full.
  • Raymond James & Associates, Inc. v. J. Tony Myers v. Robert W. Baird & Co., Inc., NASD Arbitration (2005). Defended Broker in suit by his former Broker/Dealer who sought recovery of liquidated damages following Broker's early resignation from employment. After filing a third-party claim against the Broker's subsequent employer (Baird), the case settled.
  • Estate of Mary K. Slack v. Robert W. Baird & Co., NASD Arbitration (2004). Represented Estate in a claim against the decedent's broker for negligence and breach of fiduciary duty arising from his sale of a substantial amount of her stock to finance the purchase of an annuity product. We alleged that the investment was not suitable for the customer and the sale of her stock created an unnecessary tax liability. The parties reached an amicable settlement.
  • Anderson News, LLC v. Myers Distributing, American Arbitration Association (2010). Represented magazine and book distributor in breach of contract action against a regional sub-distributor. We won a motion for summary judgment.

Reported Cases

Our lawyers are experienced at representing clients in all of the state and appellate courts in Georgia, the United States District Court and Bankruptcy Court for the Northern District of Georgia and Middle District of Georgia.

For a consultation, call 404-647-0341, toll free 866-392-5236 or send us an e-mail today.