Twist v. King
Jan 14, 2015OUTCOME: $2,500,000 judgment for personal injury client
Personal injury case
Brunswick, GA
Personal injury Lawyer at Brunswick, GA
Practice Areas: Personal Injury, Defective and Dangerous Products ... +7 more
OUTCOME: $2,500,000 judgment for personal injury client
Personal injury case
OUTCOME: Ruling in favor of client
Eleventh Circuit rules that Section 1983 and ADA employment claims against sheriff are barred by the Eleventh Amendment
OUTCOME: Dismissal for clients
Alleged excessive force in violation of the Fourth Amendment of the U.S. Constitution.
OUTCOME: Summary judgment for client
ick Brown and Paul Scott obtained summary judgment on behalf of a motorcycle distributor in a product-liability action in the United States District Court, Southern District of Georgia. The plaintiff ... sustained a significant traumatic brain injury, as well as a fracture of the right femur, a broken jaw, and a deep laceration on his neck when he struck a disabled vehicle on his motorcycle. He subsequently received a recall notice for a potentially defective voltage regulator on the motorcycle and filed suit against the distributor of the motorcycle, Kawasaki Motors Corp., U.S.A. (KMC) alleging the voltage regulator failed and led to the collision. When the Plaintiffs’ expert’s testing failed to show a defect, the Plaintiffs sought to add additional experts and testing. KMC objected and moved for summary judgment, contending that the Plaintiffs had failed to prove a defect. Finding that the Plaintiffs had an adequate opportunity to inspect and test, and failed to prove a defect, Judge William T. Moore granted summary judgment in favor of the distributor. While the Motion for Summary Judgment was pending, the Plaintiffs attempted to add the Georgia Department of Transportation (GDOT) to defeat diversity and obtain a remand to State Court. They also attempted to dismiss without prejudice, but the Federal Court never ruled on those motions. In an attempt to sidestep the potential dismissal in Federal Court, the Plaintiffs filed suit in the State Court of Chatham County against the motorcycle’s Japanese manufacturer, Kawasaki Heavy Industries, Ltd. (KHI) and GDOT. Once the Federal Court granted summary judgment, KHI moved for summary judgment on the ground that the state-court lawsuit was barred by res judicata and collateral estoppel by virtue of the federal judgment entered in favor of the motorcycle’s distributor. On the day before the summary-judgment hearing in the state court lawsuit, the Plaintiffs notified the State Court they were dismissing their claims against the motorcycle’s manufacture with prejudice. After Judge Moore granted summary judgment in the federal lawsuit, KMC moved for Rule 11 sanctions. The Plaintiffs paid $25,000 to settle the potential sanctions award.
OUTCOME: Successful resolution for clients
Eighth and Fourteenth Amendments to United States Constitution
OUTCOME: Obtained dismisisal of lawsuit for client
Patent infringement lawsuit filed against client
OUTCOME: Obtained dismissal for client
ADA lawsuit
OUTCOME: Obtained summary judgment for client
Insurance dispute
OUTCOME: Affirmed
Representing the plaintiff in this case, the defendants failed to file a timely answer and a $1.6 million default judgment was entered. The Court of Appeals for the Eleventh Circuit affirmed the defaul ... t judgment, holding that the judgment was not void because the interest rate was allegedly usurious.
OUTCOME: Sucessful outcome
Represented a whistleblower in a False Claims Act action against a hospital and a medical doctor claiming that certain endovascular services provided to Medicare and Medicaid beneficiaries by a physici ... an constituted false claims because the services were worthless. The United States Department of Justice intervened and the hospital subsequently settled for $840,000. The case received significant press coverage in the local media (newspapers and television), national media (Forbes online and Yahoo! news), and also in legal trade publications. Both Health Lawyers Weekly and Credentialing & Peer Review Legal Insider noted that this case was a case of first impression.