Jared C. Miller

Secured a landmark $300,000 settlement in a three-year tenant rights case, representing a pro bono client who endured wrongful eviction and retaliation from his landlord. This is one of the largest settlements in the history of the Atlanta Volunteer Lawyers Foundation (AVLF). The team successfully asserted claims for unsafe living conditions, landlord retaliation, and wrongful eviction, resulting in life-changing relief for our client. Represented a national franchisor of units selling wireless accessories and performing repairs of wireless devices, in a precedent-setting case enforcing a non-compete under the new Georgia restrictive covenants statute against a former employee and a guarantor of one of our clients franchisees. After the defendant began to work with one of our clients competitors, our client sued to enforce a non-compete in his guarantee agreement restricting his ability to work in the wireless accessory and repair industry within a 10-mile radius of any of our clients franchise units anywhere in the United States. In a case of first impression under the still-new Georgia restrictive covenant statute, a federal judge granted a preliminary injunction enforcing the non-compete to the full extent of its terms - i.e., nationwide for 10 miles around any business unit. The Courts decision represents a major victory for franchisors because it recognizes a franchisors legitimate business interest in preventing unfair competition nationally by a former franchisee or its principals, and grants much broader relief than previously was available under Georgia law. Represented a Fortune 500 diagnostic testing company in successfully challenging and reversing a significant adverse jury verdict. Following a nearly $5.5 million adverse jury verdict prior to our firms involvement, our firm handled post-trial briefing, a new trial, and an appeal, which ultimately resulted in a complete defense verdict and no liability to our client. The firm was initially retained after a trial, in which our firm was not involved, resulted in a jury verdict against our client and its subsidiary on a medical malpractice claim for nearly $5.5 million. Once retained, the Parker Hudson team first obtained a new trial on damages, and then convinced the trial court to vacate the remaining portion of the jurys verdict (the liability finding) and award a new trial on all issues. The parties tried the case to a jury in March 2014. The plaintiff sought at least $7 million at trial. The Parker Hudson team were the lead trial lawyers and tried the case along with a lawyer from another firm. After a six-day jury trial, the jury entered a complete defense verdict, which was then affirmed by the Georgia Court of Appeals. Represented a large financial services institution in a series of lawsuits with a major competitor that involved allegations of corporate raiding, misappropriation of trade secrets, and alleged violation of restrictive covenants. The competitor of our client and a former employee initiated a lawsuit in state court, seeking a temporary restraining order to prevent our client from enforcing certain restrictive covenants. The firm removed the case to federal court and successfully defeated a motion to remand when the federal court found that the competitor had fraudulently joined an affiliate of our client in an effort to defeat diversity jurisdiction. The competitor then withdrew its motion for temporary restraining order and instead filed a motion for preliminary injunction. The firm then asserted several counterclaims against the competitor and former employee, defending the enforceability of the restrictive covenants and asserting trade secret claims, tort claims, and claims for breaches of the covenants. After some discovery, the competitor and former employee withdrew their motion for preliminary injunction, and the case resulted in a substantial settlement in favor of our client. Successfully represented our client, a national franchisor, in both the trial court and before the Georgia Court of Appeals in obtaining an order compelling the arbitration all of the plaintiffs claims in a seven-count, 42-page Complaint. The plaintiff initially filed suit against our client in Florida, alleging various misrepresentations and torts in connection with the sale of a franchise unit, but ultimately dismissed that lawsuit after we successfully enforced the clients Georgia forum selection clauses. After the plaintiff re-filed its suit in Georgia, we moved to compel the arbitration of all claims. The plaintiff argued that the parties agreement to arbitrate had been superseded by another contract, but the trial court (Fulton County Superior Court, Business Court) granted the firms motion to compel arbitration of all claims. The firm then handled the appeal before the Georgia Court of Appeals, which unanimously affirmed the trial courts decision compelling arbitration. The Court of Appeals decision is reported at Samaca, LLC v. Cellairis Franchise, Inc., 345 Ga. App. 368 (2018). Represented a national restaurant franchisor in pursuing and obtaining injunctive relief in federal bankruptcy court against a former franchisee for misuse of our clients trademarks. The firm successfully asserted claims arising under the Lanham Act (trademark infringement and false origin claims) as well as claims for unfair competition and breach of contract. The court granted our clients motion for temporary restraining order and preliminary injunction and ordered the defendants immediately to stop using our clients trademarks and cease operation of the restaurants at issue.