Morris, Manning & Martin, LLP

Jeffrey K. Douglass is a partner in the firm’s Litigation Practice. Mr. Douglass practices in the area of commercial litigation with a particular emphasis on class action and product liability litigation. Such actions typically involve multiple defendants and intricate procedural, technical and factual issues, including issues relating to remand and removal, class certification, and discovery.

Mr. Douglass’s clients range from nationwide retail distributors of products to middle market entities. He is presently defending several class actions for one of the country’s largest retailers, is acting as regional product liability counsel for an international pharmaceutical manufacturer, and is acting as national coordinating counsel for a company in connection with its defense of lead-paint personal injury and public nuisance actions.

Mr. Douglass has litigated cases in numerous State and Superior Courts throughout Georgia. He also has considerable appellate experience, having litigated a significant number of cases before the Georgia Court of Appeals and the Georgia Supreme Court. In addition to Georgia, Mr. Douglass has represented clients in Alabama, Arkansas, California, Delaware, Florida, Illinois, Mississippi, New Jersey, North Carolina, Ohio, South Carolina, Texas, Virginia and Wisconsin. He has also represented clients in connection with proceedings before the Judicial Panel on Multidistrict Litigation.

Mr. Douglass also represents clients in connection with complex insurance coverage disputes. He frequently advises clients on issues relating to first and third party insurance coverage, and he has significant experience representing clients involved in declaratory judgments and other insurance coverage litigation in state and federal courts around the United States.

Recent Experience

• Liles v. Ginn-La West End, Ltd., 631 F.3d 1242 (11th Cir. 2011) (affirming district court’s dismissal of multi-plaintiff action arising under Interstate Land Sales Full Disclosure Act based on improper venue, due to forum-selection clause in applicable purchase contracts)
• Godoy ex rel. Gramling v. E.I. du Pont de Nemours and Co., 768 N.W.2d 674 (Wis. 2009) (affirming dismissal by trial court of plaintiff’s design defect claim relating to sale of white lead carbonate pigment)
• Passarella v. The Ginn Co., 637 F.Supp.2d 352 (D.S.C. 2009) (denying plaintiff’s motion to remand and holding that removal was proper under Class Action Fairness Act, notwithstanding “non-removal” provision of Interstate Land Sales Full Disclosure Act)
• Kitzes v. Home Depot U.S.A., Inc., 872 N.E.2d 53 (Ill. App. 2007) (affirming trial court’s denial of plaintiff’s motion for certification of nationwide class on ground that plaintiff failed to satisfy predominance requirement under Illinois class action statute)
• Smith v. Heartland Alliance of America Ass’n, 2005 WL 3533133 (E.D. Ark. 2005) (arguing that federal jurisdiction was proper over putative nationwide class pursuant to Class Action Fairness Act (“CAFA”) based on plaintiffs’ post-CAFA amendment to pre-CAFA complaint)
• Martin v. Home Depot U.S.A., Inc., 225 F.R.D. 198 (W.D. Tex. 2004) (defeating attempt to certify statewide product liability class action on the grounds that plaintiffs had failed to satisfy commonality, typicality and adequacy requirements necessary to maintain a class action)
• Ardoin v. Stine Lumber Co., 220 F.R.D. 459 (W.D. La. 2004) (defeating attempt to certify nationwide and statewide class of homeowners due to plaintiffs’ failure to satisfy typicality, adequacy and predominance requirements under federal class action statute)
• Priluck & Nordone v. Miller, 2004 WL 5311932 (Ga. Super. 2004) (granting summary judgment in favor of client in connection with partnership dispute and finding non-compete and liquidated damages provisions enforceable)
• Priority Fire Protection, Inc. v. Bask Decatur Hotel, LLC, 2004 WL 5314405 (Ga. Super. 2004) (granting summary judgment in connection with contract dispute and rejecting defendant’s defense of fraudulent inducement in connection with same)
• Priority Fire Protection, Inc. v. Bask Decatur Hotel, LLC, 2004 WL 5314404 (Ga. Super. 2004) (awarding client fees and expenses under O.C.G.A. § 13-6-11 following bench trial)
• Jacobs v. Osmose, Inc., 213 F.R.D. 607 (S.D. Fla. 2003) (defeating attempt to certify multi-state class of pressure treated wood owners based on plaintiffs’ failure to satisfy predominance, typicality and manageability requirements)
• Miller v. Home Depot U.S.A., Inc., 199 F. Supp. 2d 502 (W.D. La. 2001) (defeating plaintiffs’ attempt to remand nationwide putative class action case to state court by establishing fraudulent joinder of non-diverse parties)

Honors and Affiliations

State Bar of Georgia

American Bar Association

Atlanta Bar Association

Speaking Engagements

• Rules and Procedures for Federal Court Success August 26th, 2008 - 9:00 AM