Morris Manning & Martin, LLP

Jeffrey Douglass

Jeffrey K. Douglass

Partner
Phone: 404.504.7793
Fax: 404.365.9532
[email protected]
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Jeffrey K. Douglass is a Partner in the firm’s Litigation Practice. He also serves as the firm’s General Counsel.

Mr. Douglass maintains a national commercial litigation practice with a particular emphasis on class action, product liability and other complex, high-exposure litigation. He also advises clients on matters relating to data security, breach management and cyber-liability, as well as liability related to UAS/UAV/drones.

Mr. Douglass’s clients range from nationwide retail distributors of products to real estate funds and developers. He currently is acting as national coordinating counsel for a company in connection with its defense of over 150 lead-paint personal injury and public nuisance claims. He also is defending numerous e-cigarette/vaping companies involved in the manufacture, distribution, and sale of devices against product liability claims in lawsuits filed around the country. Mr. Douglass has previously defended an international real estate developer in connection with more than 50 individual, multi-party and putative class action lawsuits. He also has defended one of the country’s largest retailers in connection with various product liability and tax class actions, and has acted as regional product liability counsel for an international pharmaceutical manufacturer.

Mr. Douglass has litigated cases in Superior and State 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 state and federal trial and appellate courts throughout the United States, as well as in connection with proceedings before the Judicial Panel on Multidistrict Litigation.

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

Mr. Douglass is actively involved in various pro bono matters. He chairs the firm’s Pro Bono Program.

Publications

“Conflicts of Interest Between an Insurer and Its Insured: The Insured’s Right to Independent Counsel,” Insurance Coverage Law Bulletin, Volume 7, Number 7, August 2008

“Recent Developments Under the Class Action Fairness Act,” Defense Research Institute Annual Product Liability Committee Conference, 2008

“Managing Complex Litigation: Venue Analysis - Positioning Your Case in a Favorable Forum,” American Conference Institute, 2008

“Class Action Fairness Act: Where Do We Stand Two Years Later”, Defense Research Institute Annual Product Liability Committee Conference, 2007

“Understanding the Class Action Fairness Act,” The John Liner Review, Vol. 20, No. 3, Fall 2006

Representative Experience

  • Clark v. American Cyanamid Co., et al., Appeal No. 2014AP000775 (Wisc. Ct. App.) (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) (counsel for manufacturing defendant in appeal of product defect claim involving violation of due process rights based upon application of Wisconsin risk contribution rule)
  • S2 Acquisition LLC v. Walsh, et al., State Court of Fulton County, State of Georgia, Case No. 10-EV-010576F (obtained judgment for more than $13.6 million relating to commercial construction project)
  • Specialty Finance Group LLC v. Minor Family Hotels, LLC, et al., State Court of Fulton County, State of Georgia, Case No. 2009EV006754F (obtained judgment in favor of national hospitality lender and against borrower and guarantor for more than $12 million relating to commercial construction project)
  • 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 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)

Accolades

  • American Bar Association
  • Atlanta Bar Association
  • Pro Bono Partnership of Atlanta (Member, Advisory Committee)

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