Morris Manning & Martin, LLP

John MacNaughton

John MacNaughton

Attorney
Phone: 404.504.7689
Fax: 404.365.9532
[email protected]
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John MacNaughton is an Attorney in the firm’s Commercial Litigation Practice. Additionally, Mr. MacNaughton has extensive specific expertise and experience in the firm’s Products Liability, Mass Tort and Class Action Practices. Mr. MacNaughton’s practice focuses on civil litigation, including extensive class action, product liability, mass tort and securities litigation, in addition to complex business disputes and insurance coverage disputes. Mr. MacNaughton also has broad experience in large multiple party litigation, including acting as lead counsel in Federal Multi-District Litigation proceedings.

Mr. MacNaughton has significant lead counsel trial experience in state and federal courts throughout the United States. He has served as lead national counsel for major public companies in connection with multi-state commercial, consumer, mass tort and property damage class action litigation and as lead or national coordinating counsel in commercial and products liability/toxic torts cases pending throughout the country. Mr. MacNaughton also serves as regional counsel for pharmaceutical manufacturers in connection with major product liability litigation.

Mr. MacNaughton has been admitted to practice in numerous state trial and appellate courts, as well as U.S. District Courts, including those in Georgia. He also is admitted to practice in the Fifth and Eleventh Circuit Courts of Appeal as well as the U.S. Supreme Court. Mr. MacNaughton has been honored for Product Liability Litigation by The Best Lawyers in America for the last four years and listed as a leading lawyer for General Commercial Litigation by Chambers USA: America’s Leading Lawyers for Business since 2010.

Representative Experience

  • In re American Realty Capital Properties, Inc. Litigation, U.S.D.C., Southern District of New York — Lead defense counsel for board members in consolidated multiple class action securities litigation.
  • In re Rustoleum Restore Marking, Sales Practices and Product Liability Litigation, Case No. 1:15cv-1364, MDL No. 2602, U.S.D.C., N.D. ILL, Eastern Division – Lead counsel for The Home Depot, Inc. and Home Depot, USA Inc. in national product Liability MDL proceeding.
  • Dina Baker and Ken Baker, et al. v. Home Depot U.S.A., Inc., U.S.D.C., Northern District of Illinois, CA No. 1:11-CV-06768  Lead trial counsel for Home Depot in successful defense of putative national class action alleging product defects regarding treated wood products. Successfully moved to strike all class allegations.
  • Jay Martin et al v. The Home Depot, Inc., et al.  Lead trial counsel for Home Depot, USA in nation’s first Pressure Treated Wood product liability trial. Case tried to jury in Denver, CO. over two weeks, resulting in complete jury verdict in favor of Home Depot. District Court, City and County of Denver, Colorado, Case No.:02CV4007
  • In re Stand n Seal Litigation, MDL Docket No. 1804, U.S.D.C., Northern District of Georgia  Served as Defense Liaison Counsel in MDL and lead trial counsel for Home Depot USA in 206-case Multi-District Litigation proceedings pending in 28 federal jurisdictions. In MDL proceedings, Mr. MacNaughton served as lead trial counsel for Home Depot USA in the successful defense of five (5) Bellwether trials tried in U.S.D.C., Northern District of Georgia:
  1. Marshall v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
    1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
    United States District Court for the Northern District of Georgia, Atlanta Division;
  2. Paddock v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
    1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
    United States District Court for the Northern District of Georgia, Atlanta Division;
  3. Housekeeper v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
    1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
    United States District Court for the Northern District of Georgia, Atlanta Division;
  4. Mork v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
    1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
    United States District Court for the Northern District of Georgia, Atlanta Division;
  5. Leatham v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
    1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
    United States District Court for the Northern District of Georgia, Atlanta Division.

The above-referenced cases were tried in a consolidated proceeding as “bellwether” cases in the Stand ‘n Seal Products Liability Litigation MDL proceedings in Atlanta during April, 2010. Mr. MacNaughton and his team achieved total defense verdicts in each of the five (5) cases on behalf of Home Depot, in addition to awards of costs and litigation expenses.

Reported Cases

  • Kitzes v. Home Depot, U.S.A., Inc., 872 N.E. 2d 53 (Ill. App. 2007). (Lead trial counsel in connection with successful defense of attempted certification of 40 state national class action alleging consumer fraud; case subsequently dismissed with prejudice.)
  • Martin, et al. v. Home Depot U.S.A., Inc., 225 FRD 198 (W.D. Tex. 2004). (Lead trial counsel in successful defense of attempted certification of Texas class action relating to alleged violations of deceptive trade practices and breaches of warranty in connection with consumer sales. Summary judgment subsequently granted to Home Depot).
  • Ardoin, et al. v. Stine Lumber Co., et al., 230 FRD 459 (W.D. La. 2004). (Lead trial counsel for Home Depot in successful defense of national class certification action relating to product liability issues and successful removal based upon equitable exception to 28 U.S.C.A. § 1446(b)).
  • Jacobs, et al. v. Home Depot U.S.A., Inc., 219 FRD 549 (S.D. Fla. 2003). (Successfully defended multi-state class certification attempt relating to alleged breach of warranty and consumer fraud).
  • Jacobs v. Osmose, Inc., et al., 213 F.R.D. 607 (S.D. Fla. 2003) (Successfully defended Home Depot in class action/product liability matter – defeating class certification effort in multi-state class action brought by consumers against national retailer arising out of alleged product defect).
  • In re Chromated Copper Arsenate (CCA) Treated Wood Products Liability Litigation before federal Multi-District Panel, MDL Docket No. 1438 (MDL Feb 15, 2002) (Successfully resisted attempts to consolidate multiple putative national product liability class action cases pending in multiple districts).
  • Miller v. Home Depot U.S.A., Inc., 199 F. Supp. 2d 502 (W.D. La. 2001) (Lead trial counsel in successful defense of putative national class action; successful defense of remand attempt to state court of national class action based upon fraudulent joinder of non-diverse parties).
  • Passarella v. The Ginn Company et al;  637 F. Supp.2d  352 (D.S.C. 2009) – U.S. District Court, South Carolina (Columbia Div) (Served as Defense Counsel for The Ginn Companies in a complex federal jurisdiction class action of first impression in the U.S. regarding the interplay between Class Action Fairness Act ("CAFA") and the Interstate Land Sales Disclosure Act ("ILSA").  MMM successfully defeated the motion to remand from Federal District Court to State Court, preserving federal jurisdiction over this national class action proceeding).

 

Accolades

  • Named, The Best Lawyers in America, Product Liability Litigation (2012-2016, 2018, 2019)
  • Listed, Chambers USA: America’s Leading Lawyers for Business, General Commercial Litigation, 2010-2016
  • Listed, “Georgia Super Lawyer” by Atlanta magazine in 2004 – 2007, 2014-2015, among the top five percent of attorneys in the state.
  • Law Clerk to Justice G. Conley Ingram, Supreme Court of Georgia, 1974-75
  • Adjunct Professor of Law, Advanced Litigation, Emory Law School, 1992-95
  • International Association of Defense Counsel
  • Emory Law School Advisory Board of Directors

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