Cases And News

Obtaining Results For Our Clients

For decades, Atlanta-based Garland, Samuel & Loeb has pursued one goal: obtaining justice for every client who walks through our door. Our team of lawyers has a reputation for excellence that is widely recognized and respected in Georgia and beyond.

  • Ga. Supreme Court OKs Late Med-Mal Claim That 'Related Back' to Original Lawsuit

    July 2018 - The opinion, written by Georgia Supreme Court Chief Justice Harris Hines, said the plaintiff's discovery that nursing staff may have violated hospital rules meant that a new claim could be added to the lawsuit, even though the statute of limitations had run. pdf

  • 'Outlaw' Client Of Don Samuel And Kristen Novay Acquitted Mid-Trial

    September 2014 – As reported in the AJC and Daily Report, Attorneys Don Samuel and Kristen Novay obtained an acquittal of their 'Outlaw’ client. A federal indictment accused their client of ...

    Click here to read the Daily Report article.

  • Ed Garland denies allegations that prominent residential real estate law firm founder embezzled $30 million

    August 2014 - As reported in the Atlanta Journal-Constitution and the Daily Report, among other news outlets, Ed Garland, upon learning of a civil lawsuit accusing his client Nat Hardwick of...

    News Links:

    http://www.ajc.com/news/business/firm-says-atlanta-law-partner-embezzled-30-million/ng9hN/

    http://www.dailyreportonline.com/id=1202668286577/Hardwick-Denies-Embezzling-from-Firm?slreturn=20140830191154

  • John Garland and Kristen Novay secure acquittal for client charged with murder in Fulton County

    April 2014 - After a hard fought trial lasting two weeks a jury returned a verdict of not guilty on all counts for a client facing life in prison on charges of Malice Murder, two counts of F...

  • Garland honored as law day speaker; critiques overloaded criminal justice system

    May 2012 - As reported in the Gainesville Times, Ed Garland was honored as the keynote speaker for the Gainesville-Northeastern Circuit Bar Association's Law Day banquet. In his speech before fellow attorneys, judges and court staff, Garland noted that, "[w]hen you look at the criminal justice system, it's true there are major problems. We have a horribly overloaded system." Not one to be afraid to speak his mind, Garland critiqued overzealous drug laws as the cause for the congested court system, causing some uncomfortable looks. Garland then praised state leaders who passed a reform bill aimed at reducing the prison population by funding programs that treat defendants rather than just imprisoning them.

    Click here to read the full article from the Gainesville Times.

  • Charges dropped against husband and wife "as soon as Don Samuel shows up, everything changes"

    April 2012 - as reported in the Atlanta Journal-Constitution and the Covington News Don Samuel is credited with obtaining the dismissal of all charges against his clients, husband and wife, ...

    John Garland persuades The Supreme Court of Georgia that Gwinnett wiretapping procedures are illegal, Secures Suppression of Evidence, Charges Dismissed

  • Ed Garland in showdown with Dekalb County and the state of Georgia over the constitutionality of "computer gaming machines"

    April 2012 - Ed Garland, representing a DeKalb Defendant, is fighting to keep his client out of jail while also fighting a new law proposed in the State of Georgia to ban computer gaming mac...

  • Ed Garland Secures Complete Dismissal For NFL Linebacker

    March 2012 - Ed Garland and Janice Singer-Capek, of Thompson & Singer, P.A., obtained a complete dismissal of all charges against NFL Seattle Seahawks linebacker Leroy Hill. As reported ...

  • Don Samuel and Kristen Wright Novay Persuade the Supreme Court of Georgia to Declare Assisted Suicide Law Unconstitutional, Charges Against the Medical Director of a Right-To-Die Organization Dismissed.

    January 2012-- The Supreme Court of Georgia dismissed charges against the medical director of a right-to-die organization represented by Don Samuel and Kristen Wright Novay. The attorneys ch...

    According to the Court, "[t]he State has failed to provide any explanation or evidence as to why a public advertisement or offer to assist in an otherwise legal activity is sufficiently problematic to justify an intrusion on protected speech rights." Samuel commented: "There should be little doubt that the state Legislature should do a better job. This statute outlawed speech, pure and simple, and that's something the law cannot do. If the legislature wants to go back and make all assisted suicides a crime, there are dozens of state laws they can pattern it after." The members of Final Exit Network said they saw the court's decision as vindication.

  • 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...

  • 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 marijuan...

  • Don Samuel and Kristen Wright Novay obtain acquittal of doctor in Arizona charged with assisting suicide

    April 2011 - Michael Kiefer of the Tuscon Sun reported that attorneys Don Samuel and Kristen Wright Novay obtained an acquittal for a medical director of a right-to-die group who wa...

    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."

    Samuel and Novay will also defend Egbert against similar criminal charges in Georgia. Jeffry Scott of The Atlanta Journal-Constitution reported on the effect of the Arizona victory in the Georgia case. Samuel commented: "I think it has a huge impact on the Georgia case."

    "The jury found that Dr. Egbert, by what he did, was not to assist in suicide by any reasonable definition of the word 'assist,'" said Samuel. The attorney said Egbert's involvement in the Phoenix case is the same as it was in the Georgia case. "Dr. Egbert never went to Arizona and he never went to Forsyth County," said Samuel. The Georgia trial is expected to start next year.

    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.

  • 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 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.

  • Don Samuel asks supreme court to overturn physician's felony murder conviction

    March 2011 - Walter C. Jones of the Florida Times-Union reported on oral arguments in the Georgia Supreme Court in the case of former St. Marys physician Noel Chua, who was convicte...

  • Ed Garland, Jana Harris, and Kristen Wright Novay obtain acquittal of ex-VA doctor charged with sexual assault in federal case

    February 2011 - The Atlanta Journal & Constitution reported that a federal jury acquitted, Devashish Ray, a former Veteran Affairs doctor of sexually assaulting a female patient...

    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."

  • Attorneys for right-to-die group argue Georgia's assisted suicide law is unconstitutional

    December 2010 - The Atlanta Journal & Constitution & the Associated Press reported that in a three-hour hearing in Forsyth County Superior court, attorneys for the ...

  • Garland & Samuel hired in alleged fraud case

    August 2010 - The Atlanta Journal-Constitution reported that the "well-known Atlanta criminal defense attorneys Ed Garland and Don Samuel" have been hired by Michael Rand, the forme...

  • Don Samuel overturns rape conviction

    July 2010 - The Peachtree City Citizen and Creative Loafing newspapers reported that the Georgia Court of Appeals overturned a rape conviction in the case of Zachary Higgin...

    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 deat...

    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.

  • Garland obtains bond in federal bank fraud case

    May 2010 - The New York Times, The Miami Herald, The Atlanta Journal-Constitution, and the Atlanta Business Chronicle are among the newspapers covering a story involving fe...

    Following the May 7th hearing in federal court, defense attorney Garland told reporters that Mr. Mitchell is not guilty of the charges, but that he was a victim of the national economy and of the bank's liberal lending policies. "The collapse of the economy caused the bank failure, not his activity," Mr. Garland told reporters. "Mr. Mitchell was a successful real estate developer who had many proper loans from Integrity Bank. He didn't bribe any bank officers nor did he engage in any illegal activity."

    The journalists reporting on this story include Bill Rankin and Péralte C. Paul of The Atlanta Journal-Constitution, Robbie Brown of the New York Times, J. Scott Trubey of the Atlanta Business Chronicle, and Douglas Hanks of the Miami Herald.

  • 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 Roeth...

    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."

  • Ed Garland quoted in AJC: "a TRIAL IS A KIND OF WAR"

    March 2010 - In an interview with trial attorney Ed Garland, journalist Tom Sebulis asked about the superstar cases that Garland has handled in his four-and-a-half decades as a criminal defe...

    In the wide-ranging interview, they discussed why celebrities choose Garland when they get into trouble, the special pressures of defending high-profile clients, the fall-out of a "rush to judgment" by prosecutors and the public, and some insights into the Brian Nichols murder case.

    Garland also spoke of the reaction he got from the decision in the weapons-possession case of T.I., the rapper whose name is Clifford Harris. Garland was praised for crafting the sentence that utilized T.I.'s unique ability to deliver a positive message to troubled youth. T.I. served a short sentence in jail but spent a much longer time in a public crusade against teen violence. (Georgia public television is currently broadcasting a program with former U.N. Ambassador Andrew Young interviewing T.I. about his community service efforts advising at-risk teens to avoid the trouble he confronted.)

    When asked what it is like to prepare a major case, Garland said, "A trial ultimately is a contest, a kind of war, and whoever goes into it needs to go into it with that thought, with a huge amount of energy. You need to like the combat and you need to be prepared for the ordeal."

  • 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 with...

  • 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.

  • Nancy Grace compliments Garland and Samuel

    August 2009 - In an interview in the Atlanta Journal-Constitution, HLN host and author Nancy Grace paid tribute to the legal skills of the late Reuben Garland, one of the South's most successful and flamboyant trial lawyers, and to his son, Ed, and his law partner Don Samuel. AJC reporter Jill Vejnoska talked with Grace about her new crime novel, The Eleventh Victim, and wrote:

    "Grace's main character...suddenly finds herself in need of a lawyer. 'I want Rube Garland,' she demands. Grace described that line as a sort of homage to Reuben Garland, the late great Atlanta defense attorney whose son, Ed, has followed in his successful footsteps.

    "Grace says, 'I've always said if I was ever charged with murder, I would probably hire Garland,' Grace said about the man who's deftly represented the likes of rapper T.I. and NFL superstar Ray Lewis. 'I don't get along with any defense attorney, but if I had to call one, it would be Garland and his partner [Don] Samuel.'"

    Grace is the host of a legal analysis program on HLN, and this is her second novel.

  • Attorney Don Samuel asks Georgia Supreme Court for new trial

    June 2009 - As reported by Alan Riquelmy of the Columbus Ledger-Enquirer, defense attorney Don Samuel told the Georgia Supreme Court justices on Monday, June 8, that his client, Far...

    The case involved the 2003 murder of two men in Columbus, Georgia. Samuel told Riquelmy that the court did not indicate when it would rule, and if the court were to rule in Mr. Coleman's favor he would receive a new trial.

  • Social media in the jury room can sabotage trials

    May 2009 - Jurors blogging, tweeting and googling inappropriately have created an uproar in the Courts, resulting in motions for mistrials, new trials, curative instructions and other sanctions. How can lawyers ensure a client is getting a fair trial rather than be tried with extraneous material from the Internet? Trial Consultant and Attorney Jana Lauren Harris outlines measures that Courts can use to rein in this kind of behavior and keep the jurors focused on just the evidence presented during trial. Read her full article.

  • 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 se...

    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.

  • Computers and the right to privacy

    February 2009 - In their article "The Fourth Amendment and Computers" in the Georgia Bar Journal, attorney-authors Ed Garland and Don Samuel probe the debate over how to apply the 200-year-old Constitutional right to be free from unreasonable searches and seizures to modern issues of how private is a computer when it contains evidence of criminal wrongdoing. The old days of law enforcement agents searching people's houses and offices, trying to see if they can find incriminating evidence in file cabinets or briefcases is a thing of the past. Now, searches focus primarily on hard drives, disks and servers. In a matter of minutes, the police can enter your office or home, retrieve the computer equipment and then review literally millions of documents, emails, Google searches, and virtually every other aspect of a person's life through the use of forensic tools. In this timely article by Ed Garland and Don Samuel, the authors review and analyze the law that governs whether the police may seize a computer; how long the police may keep the computer; and the methods by which the computer can be searched. Read the complete article, which was published in the February issue of Georgia Bar Journal.

  • 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 ...

    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 accu...

    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 cr...

  • 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...

    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 ...

    "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.

  • Law Partners Honored By Their Peers:

    Law partners Ed Garland (Top 10) and Don Samuel (Top 10) of Garland, Samuel & Loeb, P.C., were once again honored by their peers for inclusion in the 2015 Georgia "SuperLawyers."Associate John Garland was recognized as a "Rising Star". Ed Garland and Don Samuel have been honored in "SuperLawyers" 11 times, having been included every year since 2004. Click here to view Ed, Don, and John's "SuperLawyer" recognitions.

    The prestigious Georgia SuperLawyer honor is awarded annually to no more than the top five percent of attorneys in the state. Annual selections for "SuperLawyers" are made through a rigorous, multi-phase process that includes a statewide survey of lawyers plus independent evaluations. Criteria include professional achievement, civic service, and pro bono efforts, as well as peer review by practice area. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

    In 2012 "SuperLawyers" profiled Ed in an article entitled "The Master Storyteller." Click here to view the article.