Civil Litigation, Including Complex, Technical or Scientific LitigationThe attorneys of Gillen Withers & Lake, LLC, bring the same skill, determination and persistence to civil trial matters that they do in their high-profile criminal practice. The firm has been successful in traditional litigation areas, including serious personal injury and wrongful death cases. For example, Mr. Withers successfully settled a wrongful death filed in United States District Court for the Southern District of Georgia for $2,000,000.
During the summer of 2007, and after extensive litigation, in the case of Pitts v. Novastar Financial, Inc., the parties in what was then a ground breaking class action case against a subprime mortgage lender, reached a proposed settlement. The case which alleged violation of the Real Estate Settlement Procedures Act, was a national class action that settled for an amount in excess of $17,000,000.00 with Mr. Withers serving as liaison counsel. On September 14, 2007, a fairness hearing was conducted in the United States District Court for the Southern District of Georgia to address final approval of the settlement. Mr. Withers appeared, along with others, on behalf of the class and on September 18, 2007, the court entered a Final Approval Order and Judgment approving the settlement.
Our experience also extends to complex litigation involving technical and scientific issues. In 2006, Mr. Gillen successfully challenged alleged scientific testing by the Georgia Department of Transportation pursuant to Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) in Georgia D.O.T. v. D.A., Inc. (Turner & Fulton Counties, Georgia 2006). A related case eventually resulted in a $150,000,000 verdict against the Georgia DOT.