Our Representative Cases | David J. Hungeling Law Office

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.

A Record of Successful Case Results

Below are some of our representative cases:

June 2003	Professional Malpractice	$5,000,000
March 2004	Automobile Accident	$100,000
September 2004	Consumer Fraud	$199,000
April 2005	Investment Fraud	$375,000
June 2005	Shareholder Dispute	$460,000
June 2005	ERISA Litigation	$206,000
January 2006	RICO/Investment Fraud	$13,374,622
February 2006	Shareholder Action	$125,000
March 2006	Contract Dispute	$105,000
May 2006	Professional Malpractice	$1,600,000
December 2006	Corporate Divorce	$3,200,000
March 2007	Slip and Fall/Personal Injury	$200,000
March 2007	Partnership Dispute	$455,000
May 2007	Partnership Dispute	$135,000
May 2007	Product Liability	$72,000
June 2007	Consumer Fraud	$400,000
January 2008	Product Liability	$247,000
February 2008	Slip & Fall/Personal Injury	$180,000
April 2008	Shareholder Dispute/Corporate Divorce	$3,500,000
May 2008	Breach of Contract/Employee Stock Options	$797,000
July 2008	RICO/Class Action Settlement	$2,650,000
July 2008	Breach of Contract/Promissory Notes	$110,000
August 2008	Storm Water Runoff/Nuisance/Trespass	$325,000
October 2008	Breach of Contract/Government Contract	$160,000
October 2008	Breach of Contract/Real Estate Contract	$100,000
November 2008	Breach of Contract/Computer Services	$105,000
January 2009	Insurance Coverage Dispute	$100,000
February 2009	Breach of Contract/Publishing Agreement	$125,000
April 2009	RICO/Class Action Judgment	$51,737,355
June 2009	Breach of Contract/Commercial Collection	$150,000

More Than $87 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:

Succeeded in having a fraudulent conveyance action that was originally filed in federal court in Georgia transferred to Florida, where the defendants reside. We were also successful in defending against the plaintiff's attempt to seek a pre-judgment attachment against our clients in Fulton Superior Court. The plaintiff, an insurance bonding company, was seeking damages of $20 million against a real estate developer and his wife.
Successfully defended several companies in a lawsuit filed by State Farm Insurance Company in which State Farm sought to deny coverage for a class-action filed against the policyholders. The trial court ruled that State Farm had to defend the policyholder, thus preserving the clients' access to $20 million of insurance coverage.
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 11^th 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 recently agreed to a settlement of the lawsuit. The settlement and case are still pending.
Richey v. Ghods, et. al., N.D. Ga (2008). Representing businessman that was sued by a court-appointed receiver and accused of participating in a Ponzi scheme and RICO conspiracy. The case is currently pending.
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. 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. The matter settled.
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, which the court denied in its entirety. The case is still pending.
Alcorn, et. al. v. Appleton, N.D. Ga. (2009), Representing defendant in ERISA action removed from Cobb County Superior Court concerning a dispute over who is the rightful beneficiary to a decedent's 401(k) account and employer-provided life insurance policy. The case is still pending.
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. This action spawned a related pre-judgment attachment case in Fulton County Superior Court. Plaintiff secured an ex-parte writ of attachment and seized Defendants' cars. We were successful in having the Fulton Superior Court vacate the writ of attachment. That court is considering a motion for attorney's fees against the Plaintiff and its counsel. We were successful in having the federal action 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, N.D. Ga. (2009), Representing plaintiff in suit arising from property insurer's bad faith failure to pay a fire loss claim. The case is still pending.

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). Representing 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. The action is still pending.

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). Representing magazine and book distributor in breach of contract action against a large national retailer to collect nearly $2.5 million. The action 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.

Reported Cases

Bond Safeguard Ins. Co. v. Ward, 1:09-CV-0093-WSD, 2009 U.S. Dist. LEXIS 40723 (May 14, 2009 N.D. Ga.).
Morrell v. Western Services, LLC, 291 Ga. App. 369, 662 S.E.2d 215 (2008).
Morrill v. Cotton States Mut. Ins. Co., 666 S.E.2d 582 (2008). [LINK TO Morrill_Appeal]
Brenner v. Future Graphics, et. al., 1:06-CV-0362-CAP, 2007 U.S. Dist. LEXIS 98493 (Sept. 10, 2007 N.D. Ga.).
Rosenfeld v. Rosenfeld, 286 Ga. App. 61, 648 S.E.2d. 399 (2007).
Brenner v. Future Graphics, et. al., 1:06-CV-0362-CAP, 2006 U.S. Dist. LEXIS 98271 (Nov. 14, 2006 N.D. Ga.).

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.