Case Results

February, 2017. Warren and Patrick recently concluded the defense of a fraud claim which had been pending for over 15 years. The case was concluded, pending appeals, by a jury trial which lasted seven days and involved the testimony of over 20 expert and lay witnesses. The case involved a series of allegedly fraudulent real estate transactions and required the presentation of complex medical testimony regarding Dementia, Alzheimer's Disease and complex real estate/title issues.

Business Litigation

In the first quarter of 2012, Warren R. Power is successful in defending their client against American Express and its collection firm. Our client, sued in an individual capacity for a corporate debt, was triumphantly able to force American Express to dismiss its collection suit with prejudice after filing a Motion for Summary Judgment. Despite baseless assertions to the contrary, American Express was unable to provide proper proof of the alleged indebtedness and was therefore forced to abandon its collection efforts for good and to pay attorney's fees to the defense for the baseless action.

Class Action/Junk Faxes

Patrick Jaugstetter obtained a favorable settlement on behalf of a client subjected to a class action claim for violation of the Telephone Consumer Protection Act. The claim against the client alleged that the client sent "junk faxes" in violation of the TCPA. The Client faced statutory damages in excess $2,500,000; after defending the allegations, the claim was settled in a manner that resulted in a cash payment by the firm's client of less than $250,000.

Breach of Contract

Recently Warren Power successfully represented the Plaintiff in a Breach of Contract claim by obtaining a judgment of over $100,000 plus attorney's fees and expenses of litigation in the Superior Court of Henry County.

Trademark Infringement

Mr. Power has successfully handled two trademark infringement cases. The first case was brought by Mr. Power's client against the official legal organ of Henry County in the Superior Court of Henry County. The second case involved the defense of a client in Federal Court for trademark infringement. Mr. Power successfully defended the alleged infringer and obtained an award of attorney's fees for his client by the Plaintiff.

Money Had and Received

Recently, Warren Power successfully defended the firm's client in an action brought and pursued by former Governor, Roy Barnes. Mr. Power was able to have the complaint dismissed with prejudice against the firm's client.

EMINENT DOMAIN ILLUSTRATIVE RESULTS:

Illustrative Case Results:

Federal Aviation Easement Cases

Warren Power and Patrick Jaugstetter represented five property owners against the United States of America and the US Air Force. Through their efforts, Mr. Power and Mr. Jaugstetter were able to obtain settlement offers from the United States during court-ordered mediation ranging from a 700% increase over the pay-in up to over 16,000% increase over the pay-in.

Subsurface Easement Cases

Warren Power handled numerous sanitary sewer easement cases for property owners. Mr. Power was able to obtain 179% to 1,217% increases in compensation for the property owners over the amount of money initially offered by the government.

Municipal Cases

After a year and a half of litigation, culminating in a two (2) day jury trial in the Superior Court of Clayton County, the firm's trial team of Warren R. Power, Patrick Jaugstetter, obtained a jury verdict in favor of a homeowner whose property was taken by the City of Riverdale. The verdict was double the highest amount offered by the City.

Warren Power represented the owners of property against the City of McDonough in a sewer treatment plant expansion. Mr. Power was able to obtain a 213% increase in compensation for his client over the initial amount of money offered by the City of McDonough.

Warren Power represented three owners against the City of Stockbridge for the urban redevelopment of downtown Stockbridge. Through Mr. Power's efforts, he was able to obtain increased awards of compensation from 102%, 123%, and 160%, respectively, over the amounts of money initially offered by the government.

Tax Appeals

Patrick Jaugstetter recently secured a victory in the Georgia Court of Appeals for his client, the Henry County Board of Tax Assessors. In Surette v. Henry County Board of Tax Assessors, Court of Appeals Case #A15A0218, the Georgia Court of Appeals agreed with Patrick's argument and ruled that a property owner cannot seek an appeal of a subsequent year's tax valuation after agreeing, in an earlier case, to be bound to a higher value in the subsequent year. The case clarified the application of the doctrine of estoppel would apply in a property tax appeal case.

County Cases

Warren Power has represented numerous property owners against Clayton and Henry Counties. Mr. Power has successfully obtained a 207% to 761% increases over the amounts of money initially offered by these governments.

Power Lines

Warren Power represented two property owners in Henry County involving a 230KV Transmission line expansion. Mr. Power was able to obtain a 154% and 696% increase, respectively in compensation for his clients over the initial money offered by Georgia Transmission Corporation.

REAL ESTATE ILLUSTRATIVE TRANSACTIONS:

•At the end of 2012, Warren Power assisted the City of McDonough in its acquisition of two (2) properties for the creation of its new public safety complex on Lawrenceville Street. The acquisition costs were approximately $3,000,000.

•During development of a residential subdivision in Henry County, Georgia, the developer allowed runoff and siltation to flow onto adjoining property and into the lake thereon. The property owner sought out Power ▪ Jaugstetter for assistance. It took four (4) years of litigation, but Warren R. Power is successful in obtaining a judgment in excess of $680,000 in damages, including punitive damages, and attorney's fees against the developer for trespass.

•Mr. Power has closed a Six Million Dollar acquisition by the Georgia Regional Transit Authority in Clayton County, Georgia.

•Mr. Power has closed 25 acres in Henry County, Georgia for the Technical College System of Georgia's expansion of Griffin Tech. as part of an Eight Million Dollar expansion project.

•Mr. Power has negotiated the Seller's Contract of a Nine Million Dollar sale of realty for a mixed-use development needing GRTA approval.

•Mr. Power has negotiated the Seller's Contract of a Three and a Half Million Dollar sale of realty for a mixed-use development.

Foreclosure Confirmations

During the first half of 2010, Patrick Jaugstetter has successfully represented multiple property owners against lenders seeking to confirm foreclosure sales. The successful defense of these actions has relieved Patrick's clients of facing lawsuits seeking millions of dollars in judgments.

PERSONAL INJURY MATTERS:

Power ▪ Jaugstetter is primarily a litigation firm. We handle all types of litigation matters, including personal injury. Over the years, we have handled several personal injury claims ranging from simple sprains as a result of an automobile crashing through a building to wrongful death. Some of our recent settlements show the wide-range of personal injury claims we handle.

•Tractor Trailer crashes through an office injuring a worker

•Car crash resulting in driver's broken nose

•Car crash resulting in a broken sternum and broken right arm

•Car crash resulting in severe facial laceration of driver

•Medical Malpractice - wrongful administration of methotrexol resulting in miscarriage

•Wrongful Death - Truck Driver crashes in to a bicycler resulting in death of bicycler

Business Loss and Property Damage Cases

In February, 2015, at trial in the Superior Court of Henry County, Warren R. Power and Patrick D. Jaugstetter, on behalf of the Georgia Department of Transportation, prevailed against a business loss claim, and simultaneously saved the tax payers over $540,000 in additional compensation sought by the fee owner of the condemned property. The case had been pending for almost 5 years and involved pre-trial appeals to both the Georgia Court of Appeals and the Supreme Court where, in January, 2014 The Georgia Supreme Court reversed Department of Transportation v. McMeans. The firm, representing the Georgia Department of Transportation, sought certiorari to the State Supreme Court seeking to overturn an appellate decision of the Court of Appeals. The Supreme Court granted Certiorari and Warren R. Power argued the case in the Supreme Court on behalf of the State in September, 2013. The Supreme Court reversed the Court of Appeals decision holding that only a corporation, not an individual shareholder, may bring business loss claims in a condemnation action. The effort of this decision was to prevent an out of time appeal, wrongfully brought, from being pursued against the State.

In the last half of 2013, after almost three (3) years of litigation, Warren Power, Patrick Jaugstetter represented the State of Georgia in a condemnation action filed in the Superior Court of Henry County. The property owners, franchisees of an international petroleum distributor, sought business loss damages and additional compensation in excess of Three Million Dollars. The efforts of the firm saved the State almost $900,000.

In the last quarter of 2013, after several years of litigation, Warren Power, Patrick Jaugstetter successfully represented the State of Georgia in a condemnation action in Henry County, Georgia. The property owner sought compensation for the property taken, including business loss damages, in excess of $1.6 million. The efforts of the firm saved the State more than $750,000.

In the second quarter of 2013, after almost three (3) years of litigation, Warren Power, Patrick Jaugstetter successfully represented the State of Georgia in a condemnation action filed in the Superior court of Henry County. The property owners sought compensation and property damages in excess of $3.2 million dollars. The efforts of the firm saved the State almost $1.4 million dollars in additional compensation sought by the Condemnee.

As part of an intersection safety improvement project begun in 2012, the Georgia Department of Transportation had to acquire right of way and improvements along State Route 16 in Spalding County. Part of the improvements included gasoline and liquor sales. The Condemnees sought over 1.7 million in compensation. At the beginning of 2014, after 1½ years of litigation, through the firm's efforts, the State saved nearly $500,000.

In 2012, after almost five (5) years of litigation, Warren Power, Anne Sapp successfully represented the State of Georgia in a condemnation action filed in the Superior Court of Clayton County. The property owner claimed loss of business and property damages due to the State's expansion of I75 and Hwy 54 in the City of Morrow. The efforts of the firm saved the State $3.5 million dollars in additional compensation sought by the Condemnees.

In 2012, after almost two (2) years of litigation, Warren Power, Patrick Jaugstetter successfully represented the State of Georgia in another proximity damage matter in Henry County, Georgia. The property owner claimed proximity and visibility damages due to the State's improvement of Jodeco Road and the I-75 interchange. Through the firm's efforts the State saved almost $150,000 in additional compensation sought by the Condemnee.

In 2011, Warren Power and Patrick Jaugstetter represented the State of Georgia in two different property damage cases involving claims for damages due to the proximity of a relocated state highway. In both cases the property owners sought total destruction of various improvements due to the road being relocated closer. As a result of the firm's efforts, over $100,000 was saved in additional compensation sought by the Condemnees.

After almost five (5) years of litigation, in early 2011, Warren Power and Anne Sapp represented the State of Georgia in a pair of condemnation actions filed in the Superior Court of Clayton County. The property owner sought business loss revenues from the removal of a billboard as well as property damages as a result of the State's expansion of I75 and Hwy. 54 in the City of Morrow. The Condemnees sought over $650,000 in compensation. The efforts of Warren Power and Anne Sapp saved over $183,000 in additional compensation sought by the Condemnee.

In 2008, after almost five (5) years of litigation, Warren Power and Anne Sapp represented the State of Georgia in a condemnation action filed in the Superior Court of Henry County against a national pharmaceutical chain. The condemnee claimed business loss damages in excess of $2.4 million dollars. Through the efforts of Warren Power and Anne Sapp, the pharmacy did not recover any compensation for its alleged loss of business.

Contractual Relations

In the beginning of the second half of 2013, Warren Power represented the Seller of a national franchise for $2.2 million dollars. The representation included the preparation of the sales contract, advising the client of the due-diligence requirements, and structuring of the security.

Recently, Warren Power assisted a local manufacturer prepare a tri-lateral manufacturing and distribution agreement in its international enterprise. They provided assistance to the client by meeting with the principal to understand the client's business, reviewing existing exclusive distribution and other manufacturing agreements as well as the preparation of specialized non-disclosure and non-circumvention provisions to be included in the negotiated contracts.

In the last quarter of 2012, Warren Power represented a long-time corporate client in the sale of its national franchise and its real estate. This representation included the scrutiny of the contract for sale and franchise agreement; the inspection of corporate records and preparation of company resolutions authorizing the transaction; and the review of the closing documents.