Appellate Law

Overview

The firm’s experience in Appellate Law covers virtually all types of civil cases, to include personal injury, premises liability, professional negligence, governmental liability, employment discrimination and litigation, First Amendment disputes, construction, and contractual claims. Hull Barrett has also handled criminal appeals in the Georgia Courts and Eleventh Circuit.

The firm is fortunate to have several experienced appellate advocates who have argued before the Georgia Court of Appeals, the Georgia Supreme Court, the South Carolina Court of Appeals, the South Carolina Supreme Court, the Fourth, Fifth and Eleventh Circuit Courts of Appeals, as well as the United States Supreme Court.

Importance of Appellate Practice

With its vast experience in all forms of appellate advocacy, Hull Barrett is ably positioned to meet the needs of litigants in need of appellate counsel in the State and Federal courts of Georgia and South Carolina.

Representation and Achievements

The firm’s Appellate Practice has enabled lawyers with this firm to argue cases in the highest courts of the states of Georgia and South Carolina, and in the Federal Circuit Courts for the Fourth, Fifth, and Eleventh Circuits. The firm has also argued at least one case before the United States Supreme Court.

  • Conducted lead argument in appeal which affirmed a defendants’ verdict in multi- party catastrophic injury from a trucking accident (reported at 321 Ga. App. 507).
  • Successfully argued an appeal to Eleventh Circuit in chemical exposure case against product manufacture of the chemical which affirmed the trial court’s summary judgment based on federal preemption under Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (46 F. 3rd 71 (11th 1995)).
  • Defended commercial real estate developers against an attorney fee claim and lien and prevailed on appeal (262 Ga. App. 598 (2003)).
  • Successfully obtained summary judgment for defendant hospital in Title VII (Civil Rights Act of 1964) race discrimination case brought by physician, which was later affirmed on appeal (372 Fed. Appx. 51 (11th Cir. 2010)).
  • Obtained reversal on appeal of trial court’s order denying a public entity defendant’s motion for summary judgment in an action alleging death from police pursuit when a shoplifter fled a scene and caused a traffic accident (304 Ga. App. 149 (2010)).
  • Obtained summary judgment for a newspaper and reporter sued for defamation by an oral surgeon. Later affirmed by Georgia Court of Appeals. Newspaper and reporter were awarded recovery of attorney’s fees (278 Ga. App. 539 (2006)).
  • Obtained jury verdict of $1.45 million dollars in favor of manufacturer in international business dispute after one-week trial in federal court, which was later affirmed on appeal (362 F.3d 775 (11th Cir. 2004)).
  • Successfully defended public sector hospital in case brought by four former employees who alleged violation of free speech rights under 42 U.S.C. 1983 and unpaid overtime violations of the Fair Labor Standards Act (FLSA), by obtaining summary judgment, which was later affirmed on appeal (86 F.Supp. 2d 1214 (S.D. Ga. 1998), aff’d, 202 F.3d 288 (11th Cir. 1999)).
  • Obtained a reversal on appeal in case of reporter who had conducted a jailhouse interview with an accused under arrest for murder. The Georgia Supreme Court held that reporter did not have to testify and disclose confidential sources or unpublished newsgathering material. This case established a newsgatherer’s right of direct appeal of a lower court’s ruling denying application of a reporter’s privilege not to disclose such information (270 Ga. 680 (1999)).
  • One of the members of the firm, a former Superior Court Judge, served on panel of State Supreme Court in a statewide judicial election dispute (278 Ga. 268(2004)).