David E. Hudson

Representative Experience

  • Argued Lewis v. Brunswick Corp. at the United States Supreme Court, 522 U.S. 978 (1997). Whether personal injury in a boating accident was preempted by federal law. Settled after argument. 523 U.S. 1113 (1998).
  • Argued and obtained a ruling overturning class certification in an environmental contamination case before the Georgia Supreme Court. See 295 GA  524 (2014).
  • Argued and obtained reversal of class certification in a hospital billing case. See 326 GA App. 833 (2014).
  • Obtained a $10 million jury verdict for a company in a dispute over a business acquisition.
  • Defended media companies against libel, slander and privacy claims in three jury trials and in numerous summary judgment proceedings, and in numerous appeals. See 299 Ga. App. 267 (2009); 289 Ga. App. 136 (2007); 281 Ga. App. 563 (2006), as examples.
  • Defended the right of a public hospital to use Georgia’s hospital lien law. See 325 Ga. App. 349 (2013).
  • Obtained summary judgment for a general contractor against a supplier’s lien claims. See 263 Fed. Appx. 806 (11th. Cir. 2008).
  • Successfully defended a county government against First Amendment retaliation claims. See 294 F.3d 1294 (11th Cir. 2002).
  • First Amendment challenge to trial court refusals to allow press and camera coverage. See 279 Ga. 735 (2006); also 280 Ga. App. 634 (2006).
  • Successfully represented a newspaper before the Georgia Supreme Court in preserving county legal organ status. See 274 Ga. 353 (2001).
  • Successfully maintained a newspaper’s right to distribute shopper newspapers against an anti-litter ordinance. See 271 Ga. 92 (1999).
  • Successfully represented classes of mobile home purchasers who were overcharged interest and fees. See 260 Ga. 271 (1990); 256 Ga. 790 (1987).
  • Obtained insurance coverage for environmental claims under a business’ general liability policies. See 259 Ga. 333 (1989).
  • Successfully challenged on First Amendment grounds Georgia law requiring per se closure of juvenile court proceedings. See 253 Ga. 467 (1984).
  • Challenged refusal of a public hospital to provide executive salaries under the Georgia Open Records Act. See 252 Ga. 19 (1984).
  • Defended commercial real estate developers against an attorney fee claim and lien and prevailed on appeal. See 262 Ga. App. 598 (2003).
  • Obtained summary judgment for a public employer in a sexual harassment case. See 2008 U.S. Dist. LEXIS (S.D. Ga. 2008).
  • Represented parties in numerous alternative dispute resolution proceedings such as mediations.
  • Obtained summary judgment for business partner accused breacher    of duty to a minority owner. See  2016 Ga Lexis 799.

Transactional:

  • Represented Georgia’s Medical College hospitals and clinics in corporate reorganizations and restructuring in 2000 and 2010.
  • Represented business owner in buy-out and corporate restructuring of a construction company. (2013).
  • Represented an insurance agency in the acquisition buy-out of a partner’s interest. (2012).
  • Represented owners, contractors and subcontractors in numerous contract negotiations over project documents for offices, schools, commercial buildings and manufacturing facilities. (1976-2016).
  • Represented numerous employers and employees in negotiations and business litigation over enforcement of non-compete agreements (1976-2016).
  • Represented numerous landlords and tenants in lease negotiations and drafting.

Background Information

David practices in the area of general civil litigation with an emphasis on business and commercial disputes, media law and construction law. He has been a trial lawyer since 1974, and has represented clients at the trial court level in Georgia, South Carolina, Texas, and New York. He has also argued numerous appeals in the appellate courts of Georgia, the United States Courts of Appeals for the Second, Fifth and Eleventh Circuits, and a case before the Supreme Court of the United States.

Honors & Awards

  • Best Lawyers Lawyer of the Year Augusta Bet-the-Company Litigation (2012); Personal Injury Litigation: Defendants (2014)
  • Best Lawyers in America® - Bet the Company Litigation, Commercial Litigation, Litigation: Construction, Litigation: First Amendment and Personal Injury Litigation
  • Chief Justice’s Commission on Professionalism Benham Award (2009)
  • Georgia Super Lawyers - Business Litigation (2004-2015); Top 100 Georgia Super Lawyers (2005-2007, 2015)
  • Georgia Trend's - 100 Most Influential Georgians (2006)
  • Georgia Trend’s Legal Elite - General Practice/ Trail Law (2012)
  • Martindale-Hubbell® AV® Preeminent™ Peer Review Rated

Publications

  • "Georgia Sunshine Laws Handbook 2012" Georgia Press Association, June 2012.
  • "Duty and Friendship: Judge John Sammons Bell and Judge Anthony A. Alaimo." Georgia Bar Journal. Vol 15, No. 6. 2010.
  • "Judge Griffin B. Bell - A Great American, "Americus Time Recorder", January 8, 2009
  • "When the Sky Did Fall: Argument Before the United States Supreme Court," Georgia Bar Journal.

Speeches

  • Yearly legal updates to Georgia Press Association

  • Frequent speeches to media groups in Georgia, Florida, Texas and Alaska

  • Speeches to contractor associations