Morris Manning & Martin, LLP

Bob Alpert

Bob Alpert

Partner
Phone: 404.504.7692
Fax: 404.365.9532
[email protected]
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Bob Alpert is a Partner in the Commercial, Class Action and Products Liability Litigation Practices. Mr. Alpert has represented clients in a wide variety of complex, high exposure litigation matters throughout the United States, including the following:

  • National coordinating and lead trial counsel for national manufacturer in connection with its defense of public nuisance and personal injury claims arising from alleged exposure to lead paint.
  • National coordinating counsel for one of the country’s largest retailers in connection with its defense of multiple putative class action and individual cases arising from the sale of pressure treated wood.
  • National coordinating counsel for international real estate developer in connection with defending more than 50 individual, multi-party and putative class action lawsuits arising out of the development of residential resort communities.
  • National coordinating counsel for various companies in connection with defense of individual product liability claims arising from role with e-cigarette/vape devices and/or their component parts. 
  • Regional coordinating counsel for international pharmaceutical manufacturer in connection with defending claims arising from the sale of prescription medication.

Mr. Alpert's products liability experience includes defending clients in a wide range of industries including automotive, pharmaceutical, building products, chemical additive, medical device and e-cigarette/vape devices.

Mr. Alpert’s extensive class action experience includes defending clients in product liability, consumer fraud, insurance, real estate and sales tax class action cases in state and federal courts nationwide.

Mr. Alpert’s practice also focuses on representing clients in connection with complex insurance coverage disputes. He advises clients on matters involving first-party and third-party insurance coverage, including issues relating to commercial general liability, errors and omissions, property, automotive and D&O policies, and has represented clients in state and federal courts throughout the U.S. in declaratory judgment and other insurance coverage litigation.

Representative Experience

  • Davis v. Toyo Tire North America Manufacturing Inc., Superior Court of Bartow County, State of Georgia, Case No. 13-CV-556 (lead trial counsel in defense of client where plaintiff sought more than $3 million, resulting in judgment of less than $300,000) (on appeal)
  • Clark v. American Cyanamid Co., et al., Appeal No. 2014AP000775 (Wisc. Ct. App.) (lead counsel for manufacturing defendant in connection with appeal of order finding retroactive application of amendment to tort reform statute unconstitutional).
  • Gibson v. American Cyanamid Co., et al., 760 F.3d 600 (7th Cir. 2014) (lead counsel for manufacturing defendant in appeal of product defect claim involving violation of substantive due process rights based upon application of Wisconsin risk contribution rule).
  • Bailey v. ERG Enterprises, LP, et al., 705 F.3d 1311 (11th Cir. 2013)  (lead counsel for international real estate developer in connection with appeal from dismissal of claim due to exclusive venue provision in real estate contract).
  • S2 Acquisition LLC v. Walsh, et al., State Court of Fulton County, State of Georgia, Case No. 10-EV-010576F (lead trial counsel in successful prosecution of creditors' rights lawsuit on behalf of real estate investment firm arising from commercial construction project; obtained summary judgment in favor of lender and against borrower and guarantor for more than $13.6 million).
  • Specialty Finance Group LLC v. Minor Family Hotels, LLC, et al., State Court of Fulton County, State of Georgia, Case No. 2009EV006754F (lead trial counsel in successful prosecution of creditors' rights lawsuit on behalf of national hospitality lender arising from complex commercial construction project; obtained summary judgment in favor of lender and against borrower and guarantor for more than $12 million).
  • Liles v. Ginn-LA West End, Ltd., 631 F.3d 1242 (11th Cir. 2011) (affirming district court’s dismissal on improper venue grounds based upon exclusive venue provision clause contained in international real estate contract).
  • Passarella v. The Ginn Co., 637 F.Supp.2d 352, 2009 WL 1953030 (D.S.C. 2009) (denying plaintiffs’ 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).
  • 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).
  • 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).
  • 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).
  • 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).

Membership

  • Atlanta Bar Association (Litigation Section)
  • Defense Research Institute (Member, Product Liability Committee)
  • Lawyers Club of Atlanta
  • Product Liability Advisory Council (Member)
  • State Bar of Georgia (Product Liability and Tort & Insurance Sections)

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