Antitrust
In Re Brand Name Prescription Drugs Litigation, MDL 997, United States District Court for the Northern District of Illinois (four cases removed from the U.S. District Court for the Southern District of Georgia, Waycross Division), subsequently transferred to the Eastern District of New York under style Drug Mart Pharmacy Corp., et.al. v. American Home Products Corp., 95C IV 5148 (ILG). Partner with one of five original law firms handling antitrust case on behalf of approximately 4,000 independent and chain drug stores (more than 400 in Georgia) against 26 brand name drug manufacturers and 3 mail-order pharmacies. Claims include price-fixing under the Sherman Act and price discrimination under the Robinson-Patman Act. Sherman Act settlements between 1998 and 2005 are confidential, but are millions of dollars. Details will be released when case is completed. Robinson Patman test case trials should begin in 2006.
RICO
Southern Intermodal Logistics, Inc. vs. D.J. Powers Company, Inc., et al., State Court of Chatham County, Georgia, Civil Action No. I98-1787-F. Georgia RICO case filed by trucking company against customs house broker arising out of illegal kickback scheme. Claims for compensatory and punitive damages, as well as claims asserted in separate fraudulent conveyance action, were settled in 2003 for $850,000. Catalyst for new Georgia RICO decisional law.
Summary judgment was denied the customs house broker in federal court as reported in opinion of Judge B. Avant Edenfield, 10 F.Supp. 2d 1337 (S.D. Ga. 1998). Following remand, State Court of Chatham County's dismissal on statute of limitations was reversed by the Georgia Court of Appeals, and certiorari was denied by the Supreme Court of Georgia in 2002. Important issues included the single transaction rule and whether mere threats of economic injury were sufficient to trigger the Georgia RICO statute of limitations.
Penny A. and Susan Norwood v. Russell Acree, et al, United States District Court for the Middle District of Georgia, CV 7-96-CV-01 (1998)(consolidated cases)(unpublished opinions). District Court ruled in 3 orders between 1996 and 1998 that Georgia RICO statute could not be applied retroactively to permit plaintiffs' personal injury claims since the legislative intent provision of the original Georgia RICO statute, O.C.G.A.§ 16-14-2(b), only applied to criminal activity involving pecuniary gain. Georgia RICO statute was amended during the course of the litigation to cover criminal activity that involved pecuniary gain or physical injury. Orders for defendant represented by Mr. Ladson discuss legislative history of Georgia RICO, as well constitutional prohibition against ex post facto application of legislation.
Health Care
Quick Rx Drugs, Inc., et al. v. Blue Cross and Blue Shield of Georgia, Inc., et al., Superior Court of Chatham County, Georgia, Civil Action No. CV95-1512-BR. First known cash discount card suit filed in United States against Blue Cross asserting tortious interference with contract, fraud and RICO violations arising out of discount cards given to certain Blue Cross customers. Class action suit filed on behalf of all retail pharmacies in Georgia for damages in excess of $4,000,000.00 was dismissed by the plaintiffs in 2005 following denial of class certification.
In Re Brand Name Prescription Drugs Litigation, MDL 997, supra. As reported above, this case involved antitrust claims against major pharmaceutical companies for unlawful discrimination in the pricing of brand name prescription drugs.
Private Defamation
John D. Robinson Corporation v. Southern Marine & Industrial Supply Company, et al., Superior Court of Chatham County, Georgia (1990). Libel action filed by Savannah ship chandler company against competitor for defamation of business and owner arising out of defamatory letters to Greek customers. First trial in 1989 resulting in verdict for plaintiffs of $589,000 was reversed as reported at 196 Ga. App. 402, 396 S.E.2d 402 (1990). Plaintiffs, represented by Mr. Ladson, obtained judgment in second trial on jury verdict for $1,860,000 in February of 1992. One of the highest jury verdicts in Chatham County when obtained.
Medical Malpractice
Retus Howard Corley -vs- Tom V. Willis, Jr., M.D., et al., U.S. District Court, Southern District of Georgia, Brunswick Division, Civil Action No. 299-043 (2000). Negligence suit against surgeons and other doctors arising out of post-surgical infection. Week-long trial resulted in a hung jury, but case was quickly settled for $2,500,000.
Psychiatric Malpractice
Joseph Budd v. Mark Friedman, CV289-97 (S.D. Ga. August 21, 1990). First reported jury verdict in Georgia for psychiatrist in malpractice wrongful death action involving outpatient who committed suicide. One of earlier reported verdicts nationwide dealing with this issue. Unpublished opinion by Chief Judge Anthony Alaimo. Mr. Ladson represented the defendant psychiatrist.
Insurance
Home Insurance Co. v. North River Insurance Co., State Court of Chatham County, Georgia (1989). Negligent failure to settle tort case against excess carrier arising out of $1,250,000.00 jury verdict. $738,477.00 verdict for plaintiff reversed by Georgia Court of Appeals. Mr. Ladson represented the defendant. Failure to settle issues discussed at 192 Ga. App. 551, 385 S.E.2d 736 (1989).
Personal Injury
Robert Cox and Barbara Cox v. All Coast Intermodal Services, Inc., et al., CV-404-53, United States District Court for the Southern District of Georgia, Savannah Division. Personal injury suit arising out of tractor-trailer accident settled for the Plaintiff for policy limits of $1,000,000.00 in December of 2004. Mr. Ladson represented the plaintiff. Details of important other cases will be provided upon request.
Trucking
See Robert Cox and Barbara Cox v. All Coast Intermodal Services, Inc., et al. Important intermodal transportation issues involved.
Southern Intermodal Logistics, Inc. vs. D.J. Powers Company, Inc., et al., State Court of Chatham County, Georgia, Civil Action No. I98-1787-F. See discussion above on case involving recovery of damages by trucking firm for illegal kickback scheme in intermodal shipping industry.
The Law Offices of M. Brice Ladson, P.C. serves clients in the Savannah, Georgia area and the Georgia counties of Chatham, Effingham, Bulloch, Liberty, and Bryan. Clients are also welcome from the following communities: Port Wentworth, Pooler, Richmond Hill, Vernonburg, Garden City, Bloomingdale, Rincon, Springfield, Statesboro, Brunswick, Sylvania, Hinesville, Walthourville, Hardeeville, Baxley, Vidalia, Warner Robins, Milledgeville, Columbus, Atlanta, Athens, Carrollton, Gainesville, Albany, and Bainbridge.
