Jump to Navigation
Bar Register | Preeminent Lawyers The Best Lawyers in America American College of Trial Lawyers Legal Elite AV Preeminent Super Lawyers Best Law Firms | U.S. News Best Lawyers

Cases

Successful Atlanta, Georgia, Law Firm Ready to Help You

At Garland, Samuel & Loeb, our highly experienced trial lawyers believe everyone seeking legal advice and representation for a criminal, injury, or business concern deserves to have a voice and seek justice under the law. Below are examples of the representative cases where we have fought hard to protect the rights of our clients:

------------------------------------------

AMANDA CLARK PALMER AND KRISTEN WRIGHT NOVAY OBTAIN JUSTICE FOR AN INNOCENT CLIENT, WRONGFULLY ACCUSED OF BATTERY

July 2011 - Attorneys Amanda Clark Palmer and Kristen Wright Novay obtained an acquittal for their client charged with battery and criminal trespass in Clayton County. The State claimed that the client had physically battered two other women by choking and hitting them. Over a two day trial the State presented three witnesses - the two alleged victims and another eyewitness - who all claimed our client was the aggressor. Palmer argued to the judge that the State had failed to prove their case on three of four counts; the judge agreed and directed a verdict for those counts. The client took the stand and denied all charges. Novay showed the jury the inconsistencies in the witnesses' testimony and argued they couldn't be believed under oath. The jury agreed, and after deliberating for only 4 minutes found the client not guilty on the remaining charge.

DON SAMUEL AND PATRICK SULLIVAN OBTAIN ACQUITTAL FOR RECORD LABEL OWNER CHARGED WITH POSSESSION OF OVER 100 KILOS OF MARIJUANA

June 2011- Don Samuel and Patrick Sullivan obtained an acquittal for a record label owner charged in a conspiracy to possess with the intent to distribute more than 100 kilograms of marijuana in the Middle District of Alabama. Federal authorities alleged that, for more than a decade, a number of individuals were involved with the importation of thousands of pounds of marijuana from Mexico to the Southeastern United States. After a jury trial, Samuel and Sullivan, along with co-counsel Steve Sadow, were able to obtain a not-guilty verdict on all counts of the indictment.

< DON SAMUEL AND KRISTEN WRIGHT NOVAY OBTAIN ACQUITTAL OF DOCTOR IN ARIZONA CHARGED WITH ASSISTING SUICIDE

April 2011 - Attorneys Don Samuel and Kristen Wright Novay obtained an acquittal for a medical director of a right-to-die group who was charged with assisting suicide in Arizona. The client, Dr. Lawrence Egbert, is an 82-year-old Baltimore anesthesiologist, medical director and co-founder of the right-to-die group Final Exit Network.

It's not illegal to commit suicide in Arizona, but it is illegal to help someone else commit suicide. The question before the jury was whether Egbert had conspired to commit manslaughter in the death of a Phoenix woman who took her own life. At trial, Don Samuel argued: "(Final Exit) is registered with the U.S. government," he said. "Do you think the Gambino family has a trademark? What kind of conspiracy has a website?" Novay also argued, "These aren't roving gang members; they're 80-year-old citizen volunteers. They talk to the person. They counsel them. They are there. It's about dignity and peace."

Ultimately, the jury found the client not guilty of conspiracy to commit manslaughter by aiding suicide after a three week trial. Commenting after trial, Kristen Wright Novay said: "The issue is that the laws aren't clearly defined. The goal is to follow the law and the law says not to aid, so they didn't."

ROBIN LOEB AND ANNE COOLIDGE-KAPLAN REACH SUBSTANTIAL SETTLEMENT IN PHARMACEUTICAL DEVICE CASE

April 2011 - Garland, Samuel & Loeb attorneys Robin Loeb and Anne Coolidge-Kaplan settled a professional negligence case on behalf of a widower whose wife died as a result of using a skin refrigerant, which caused a fatal cardiac event. The substantial, confidential recovery was based on the value of the life that was lost due to the failure of the defendant physical therapy practice to exercise due care for their patient.

ED GARLAND AND ROBIN LOEB ACHIEVE SUCCESSFUL SETTLEMENT IN BUSINESS LITIGATION CASE

April 2011 - Garland, Samuel & Loeb attorneys Ed Garland and Robin Loeb successfully settled a business litigation case in the Northern District of Georgia. Garland and Loeb represented the defendant in a suit involving over twenty counts, which included claims of false advertising and other related causes of action. Garland and Loeb settled the case for a small fraction of the initial amount demanded by the plaintiff in a dispute that had remained unresolved for several years prior to the firm's involvement.

ROBIN LOEB WINS $150,000 JURY VERDICT IN BREACH OF CONTRACT SUIT AGAINST ALLSTATE INSURANCE COMPANY

April 2011 - Garland, Samuel & Loeb attorneys Robin Loeb and John Gelzer won a $150,000 jury verdict against Allstate for breach of contract in the Northern District of Georgia in Arctic Polar Heating and Air, LLC v. Allstate. The client, a small business that leased vans to its franchisees, was awarded the value of stolen vans that were insured under the policy. Loeb and Gelzer also prevailed in Allstate's subsequent motion for new trial.

ED GARLAND, JANA HARRIS, AND KRISTEN WRIGHT NOVAY OBTAIN ACQUITTAL OF EX-VA DOCTOR CHARGED WITH SEXUAL ASSAULT IN FEDERAL CASE

February 2011 - Ed Garland, Jana Harris, and Kristen Wright Novay obtained the acquittal of Devashish Ray, a former Veteran Affairs doctor accused of sexually assaulting a female patient and then lying about it to federal investigators. Federal authorities alleged that during an examination of a female patient, Ray groped her and then tried to convince her to take off her pants. During lengthy testimony on the witness stand, Ray denied all charges. Ray's lawyer, Ed Garland was quoted by Bill Rankin of the Atlanta Journal & Constitution as saying: "This caused tremendous agony to an innocent man...It was devastating to him that anyone would even accuse him of something like that. It's so wonderful to have this lifted off of him."

DON SAMUEL OVERTURNS RAPE CONVICTION

July 2010 - The Georgia Court of Appeals overturned a rape conviction in the case of Zachary Higgins of Sharpsburg. The Court ruled that evidence in the original trial may have prejudiced the jury in the March 2009 trial which resulted in a 35-year prison sentence.

Attorneys Don Samuel and Charles Lea of Garland, Samuel & Loeb successfully represented Higgins in the appellate case but were not involved in the 2009 trial. Lea was quoted by journalist Gwynedd Stuart as saying, "There were a host of very serious errors [in the original trial] that had nothing to do with similar transaction evidence. We believe at a new trial he will be successful."

ED GARLAND AND JOHN GARLAND OBTAIN DISMISSAL OF ALL MURDER AND ARSON CHARGES IN DAHLMAN CASE

May 2010 - The Fayette Daily News, FOX5 TV News, and the Atlanta Journal & Constitution reported that all charges against Scott and Valerie Dahlman in the death of Mr. Dahlman's mother, Frances, were dropped in Fayette County Superior Court by Assistant District Attorney Warren Sellers. In documents submitted in Fayette County, Sellers said there was insufficient evidence and the case could not be prosecuted.

In the AJC article by Marcus Garner, John A. Garland, the attorney for the Dahlmans, stated that "the facts overwhelmingly support the determination that Frances Dahlman's death was a tragic accident, and the Dahlmans are innocent," and he was prepared to defend his clients with experts who would have supported their innocence.

ED GARLAND OBTAINS DISMISSAL OF CHARGES FILED AGAINST STEELERS QUARTERBACK BEN ROETHLISBERGER

April 2010 - After five weeks of intense investigation, Ocmulgee Circuit District Attorney Fred Bright announced he would not pursue charges against Pittsburgh Steelers quarterback Ben Roethlisberger in connection with a sexual assault allegation by a 20-year-old college student in Milledgeville, Georgia. Bright stated that because allegations could not be proven beyond a reasonable doubt there would be no arrest nor criminal prosecution against Mr. Roethlisberger.

Roethlisberger's attorney, Ed Garland, stated, "As we said from the beginning [of the allegations], we believed the facts would show that no crime had been committed."

On ESPN.com, Lester Munson wrote as follows: "Roethlisberger's attorney, Ed Garland, also was investigating the incident. Was his investigation a factor in the decision not to file charges? In all likelihood, yes. In addition to his brilliance in the courtroom, Garland has the capacity to gather evidence that even the best of police detectives have missed. He demonstrated his investigative skills in his defense of Ray Lewis against double murder charges in 2000. Garland not only gathers important evidence, he presents it in a manner no prosecutor can ignore. We might never know exactly what Garland turned up in his investigation, but we can be reasonably sure that Bright reviewed it carefully as he made his decision."

DAVID TUSZYNSKI PREVAILS IN DECISION ON MEDICAL RECORDS PRIVACY

September 2009 - Garland, Samuel & Loeb attorney David E. Tuszynski successfully challenged a portion of the 2005 tort reform laws with a ruling that prevents opposing attorneys from accessing a patient's medical records or contacting a patient's physicians without the patient's knowledge in medical malpractice cases. The case in question, Lockard v. Weisberg, was settled in Fulton County State Court with Tuszynski and attorney Richard Kopelman representing the plaintiff. The settlement was covered in the September 17, 2009, edition of the Daily Report. A trial attorney with nearly 30 years' experience, David Tuszynski focuses on complicated and challenging cases involving injury and death from medical malpractice, catastrophic injuries and products liability.

JOHN GARLAND OBTAINS DISMISSAL OF RICO CHARGES AGAINST DJ DRAMA

November 2009 - Garland, Samuel & Loeb attorney John Garland represented Atlanta-based Hip-Hop deejay, DJ Drama on RICO charges arising out of allegations that he produced mix-tapes without the proper authorization from the artists and labels. John was able to negotiate a resolution that resulted in the State dropping all charges against his client.

ED GARLAND AND DON SAMUEL'S SENTENCING AGREEMENT FOR RAPPER T.I. DRAWS PRAISE

March 2009 - Rapper T.I. pled guilty to federal weapons charges which could have resulted in lengthy prison term. Instead, his defense attorneys Ed Garland and Don Samuel crafted a unique sentencing agreement that emphasized community service and reduced his time in prison down to a year and a day. As a result T.I. made hundreds of public appearances in front of at-risk youth stressing a message of nonviolence and respect for the law.

The positive impact of T.I.'s speeches drew dozens of letters of appreciation from numerous teachers and students as well as such notable people as former U.N. Ambassador Andrew Young and Chief Justice of the Georgia Supreme Court Leah Ward Sears. The success of T.I.'s community service work surpassed all expectations and even received favorable comments from the U.S. District Judge and the U.S. Attorney who tried the case. In addition to the 1,000 hours of community service, T.I., whose name is Clifford Harris, was ordered to serve a year and one day in prison and pay a $100,000 fine.

GARLAND, SAMUEL & LOEB ATTORNEY HELPS NFL STAR PACMAN JONES AVOID JAIL TIME IN FELONY OBSTRUCTION OF AN OFFICER CASE

February 2008 - Garland, Samuel & Loeb attorney Manny Arora helped Tennessee Titans cornerback Adam "Pacman" Jones reach a plea agreement in the felony obstruction of an officer case he was facing in Fayette County, Georgia. The Nashville City Paper reported on the story.

Jones reached an agreement that is the equivalent of a no contest plea for obstruction of a police officer and was given three years probation, according to Arora.

Jones had originally been charged after allegedly scuffling with police officers after he was sitting in a parked car with his pregnant girlfriend and a male friend.

He was accused by police of biting an officer on the hand in a scuffle.

"We maintain that Adam is innocent in these matters, but felt that it was best to go ahead and accept this agreement rather than fight it in court and risk possible incarceration," Arora said. "You have a situation where the accounts of the five police officers and those of Adam and his pregnant girlfriend do not corroborate."

ED AND JOHN GARLAND HELP FORMER MORRIS BROWN FINANCIAL AID DIRECTOR AVOID YEARS OF PRISON TIME

June 2005 - Ed and John Garland represented the former Financial Aid Director of Morris Brown University, Parvesh Singh, in Federal Court in the Northern District of Georgia against the accusation that Mr. Singh committed financial aid fraud that led to the collapse of Morris Brown University in a 34-count indictment. The government charged that Singh swindled federal loan programs for more than $5 million, signed up hundreds of students for loans they didn't want, and then used the money to pay the school's bills.

Amy Argent Singer of the Washington Post quoted John Garland who pointed out that Singh came to Morris Brown after a sterling career of more than 25 years in financial aid, and did his best to help a school that was already $8 million in debt. He further noted that prosecutors did not allege that Singh pocketed any money.

"He came in, and he imposed a best-practices system on a university that was in complete disarray," Garland said. "He had no knowledge of any funds going to ineligible students."

WSBTV reporter Carol Sbarge also quoted Ed Garland who said that Singh was a "selfless educator who has spent his entire life working to make student aid work for the benefit of poor students." "He conducted himself in strict accordance with the rules established for the administration of student aid."

Though he was facing years in prison, Ed and John negotiated a plea that resulted in 18 months home confinement.

ED GARLAND AND DON SAMUEL HELP ATLANTA THRASHER STAR DANY HEATLEY AVOID TWENTY YEARS IN PRISON FOR THREE YEARS OF PROBATION

February 2005 - Garland Samuel & Loeb attorneys Ed Garland and Don Samuel helped Atlanta Thrasher Dany Heatley, a Canadian citizen and MVP of the 2003 NHL All-Star game, avoid serious criminal charges that could have resulted in a twenty year prison sentence.

Heatley was charged with first and second-degree vehicular homicide, reckless driving, driving too fast for conditions, failure to maintain his lane and speeding after causing a one-car crash in Buckhead that killed his passenger and teammate, Dan Snyder.

Scott Burnside of ESPN quoted Ed Garland, "We don't want any sentence that would put him in jail, destroy his career or have him deported from the United States." Garland achieved this objective, reaching a resolution where Heatley would plead guilty to a misdemeanor traffic violation and receive only three years of probation.

Harry R. Weber of the Associated Press reported that if the case went to trial and Heatley was convicted on all counts, the hockey star would have faced up to 20 years in prison and fines totaling $5,000.

Prosecutor Shondeana Crews said police experts found Heatley was driving at least 82 mph. Defense attorney Ed Garland said one expert thought Heatley was driving only 55 mph. The speed limit was 35 mph.

Fulton County Superior Court Judge Rowland Barnes said he noted the discrepancies among speed estimates when agreeing to the plea.

ED GARLAND NEGOTIATES MINIMAL SENTENCE FOR NFL PLAYER JAMAL LEWIS

October 2004 - Faced with charges of conspiracy to possess with the intent to distribute cocaine, using a cellphone to arrange a drug transaction, and attempted cocaine possession, Baltimore Ravens running back Jamal Lewis officially entered a guilty plea in federal court only to the cellphone charge in a plea deal crafted by Ed Garland. Lewis had been accused of helping broker a cocaine deal during conversations with a government informant in Atlanta during the summer of 2000. Baltimore news station WBAL-TV reported on the story.

The plea agreement, entered in Atlanta, called for Lewis to serve a sentence of four months in a minimum-security prison and two months in a halfway house. No quantity of drug would be specified, thus allowing for the low sentence.

Commenting on the case, Ed Garland said: "Jamal made an introduction to someone he had known in high school, that's what he pled guilty to doing. He had no expectation of receiving anything from the transaction. He made the mistake of giving in to the transaction."

Garland explained that Lewis wanted to enter the plea, after which they reviewed the case carefully and presented evidence to the government, which Garland believes affected this case. "A 20-year-old boy can make some stupid mistakes, and that's what happened," Garland said. "What Jamal did was say to us: 'If my conduct makes me guilty of a crime, I want to accept it, face it, receive my punishment and acknowledge it.'"

ED GARLAND AND DON SAMUEL DISMANTLE STATE'S CASE AGAINST NFL STAR RAY LEWIS, MURDER CHARGES DROPPED

June 2000 - Ed Garland and Don Samuel, after eviscerating the State's case, crafted an agreement whereby the murder charges against Baltimore Ravens linebacker Ray Lewis were dropped in the stabbing deaths of two men outside a Super Bowl party in Atlanta, in exchange for pleading guilty to a misdemeanor. Sports Illustrated reported on the story.

"It's a good day for Ray," defense attorney Don Samuel said as he entered the courthouse.

Defense attorney Ed Garland said he and Lewis discussed the plea agreement and went over his testimony before going to court.

"He said a prayer with me about his duties and his responsibilities and what he was doing and he was happy to go forward and let the truth--all of it--come out," he said.

Garland said that Lewis' only crime was to tell his two companions after the brawl that led to the deaths, "Keep your mouth shut," and giving an incomplete statement to police.

"He fully acknowledges his responsibility for those acts," Garland said after the plea was entered.

Lewis and two friends, Joseph Sweeting and Reginald Oakley, were charged with murder, felony murder and aggravated assault in the stabbings of Richard Lollar and Jacinth Baker in the early-morning hours of Jan. 31, 2000.

Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Garland, Samuel & Loeb, P.C. - Trial Attorneys

Garland, Samuel & Loeb, P.C.
3151 Maple Drive, N.E.
Atlanta, GA 30305

Phone: 404-975-0459
Toll Free: 877-650-0825
Fax: 404-365-5041
Atlanta Law Office Map