|   | | Law Firm in Duluth, Georgia | |
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| | Address | | 12000 Findley Road, Suite 250 | | Duluth, Georgia 30097-1411 | | (Gwinnett Co.) | | | |
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(Main Office)
| Thompson, Slagle & Hannan, LLC practices in the following areas of law:
Fidelity, Surety and Insurance Law. Construction, Insurance, Employment, ERISA, Commercial and Catastrophic Tort Litigation. General Civil Litigation Practice in all Courts. | | Year Established: 1976 | Firm Profile:
DeWitte Thompson began his practice as a sole practitioner in 1976 with emphasis on representing construction contract sureties. Jeff Slagle became an associate in 1983; the firm then became known as Thompson & Slagle, P.C. in 1989. The firm's practice grew to include a wide range of civil matters including bankruptcy, corporate law, commercial litigation and general litigation, while the firm maintained a special emphasis on construction contract claims and suretyship. Michael Hannan joined the firm in 2004 and the firm became Thompson, Slagle & Hannan, LLC in 2005. The firm expanded the services it was able to provide to institutional clients through additional expertise in insurance, ERISA and products litigation, including class actions, while creating significant depth and experience in professional liability, nursing home, catastrophic tort and commercial litigation. The firm has handled countless cases in these areas in numerous state and federal courts at both the trial and appellate levels. Members of the firm have been involved in several cases of general interest to the surety industry, chief amongst them have been: Balboa Insurance Company v. United States, 775 F.2d 1158 (Fed. Cir. 1985). The Court of Appeals for the Federal Circuit was created to hear appeals from patent cases tried in the various district courts, as well as all appeals from certain specialized federal courts such as the Claims Court. Accordingly, for all practical purposes, the Federal Circuit is the final word on federal contract law, which is accepted as a benchmark for many other jurisdictions. The Balboa case presented the Court's first opportunity to consider the Government's duty, as owner on a construction contract, to protect the surety's interest if reasonably possible. The trend in pre-Federal Circuit appellate decisions had been to increasingly limit the government's obligation to the point of extinguishing it. However, the Federal Circuit was persuaded to reverse this trend, rendering one of the most-cited decisions in surety law today. The case firmly re-established the surety as an intrinsic, but distinct party in the web of contractual relationships created by contract and bond. A.J. Kellos Construction Co. v. Balboa Insurance Company, 661 F.2d 402 (5th Cir. 1981). The defendant surety exercised rights giving rise to a discharge sometime after a declaration of default, but before all of the obligee's damages were known. The Court of Appeals held that the surety's rights accrued as of the date of the default, and sustained the surety's discharge. Morrison Assurance Company v. Preston Carrol Co., Inc., 254 Ga. 608, 331 S.E.2d 520 (1985); rev'g. 173 Ga. App. 412, 326 S.E.2d 486 (1985). The plaintiff claimed that certain critical rights were not available to compensated sureties, and that the defendant surety could not be discharged based on those rights. The Georgia Supreme Court was persuaded that the State Legislature, by eliminating the distinction between compensated and uncompensated sureties, had not intended also to eliminate the protections that were available to compensated sureties at common law. Accordingly, the defendant, a compensated surety, was still entitled to assert those codified common law rights and receive a discharge. Giardiello, et al. v. Balboa Insurance Company, 837 F.2d 1566 (11th Cir. 1988). The plaintiffs in this case were trustees of labor union fringe benefit trust funds. Amongst the plaintiffs' contentions were that a bonding company was automatically an "employer" of its principal's employees, as that term is defined by federal statute, for purposes of determining direct liability for unpaid trust fund contributions. The Court of Appeals was persuaded that a surety on a contract bond would not be considered a statutory employer of its principal's employees, solely because of its status as surety. Amwest Surety Insurance Company v. Ernst & Young, 677 So.2d 409 (Fla. Dist. Ct. App. 1996). The firm obtained reversal on appeal of a summary judgement which had been granted the defendant accounting firm. The case established that an accountant may be liable to a surety for negligence in preparing an audited financial statement, if the accountant knows that the statement will be used to obtain bonds and if the surety does in fact issue bonds in reliance upon the statement. This case is the first reported case in Florida holding that an accountant may be held liable to a surety for negligence in connection with the preparation of audited financial statements for the surety's principal. Gulf Insurance Company v. GFA Group, Inc. 554 S.E. 2d 746 (GA. App. 2001). On appeal from a grant of summary judgement, the surety asserted that a payroll services company, which advanced money for payroll to a contractor on a public project, was not a proper claimant on a payment bond. The Court of Appeals agreed , holding that the provision of administrative services and lending funds do not amount to the provision of labor as a subcontractor under the bond and applicable Little Miller Act Statute. | | Firm Size: 10 | Representative Clients:
American Bankers Insurance Co. of Florida; American Bonding Co.; American Safety Casualty Insurance Co.; Amwest Surety Insurance Co.; A.O. Smith Corporation; Atlantic Alliance Fidelity & Surety Company; CNA; Colonial Life & Accident Insurance Company; Commercial Casualty Insurance Co.; CORE, Inc./Disability Reinsurance Management Services, Inc.; Gulf Insurance Company; The Hartford Fire Insurance Company; The Hartford Indiana Lumbermens Mutual Insurance Co.; Jonquil Steel; Loadmaster Systems, Inc.; Meco of Atlanta, Inc.; New York Surety Co.; Nobel Insurance Co.; North American Specialty Insurance Co.; National Fire Insurance Company of Hartford; Ohio Casualty Group; Ohio National Financial Services, Inc.; Old Republic Surety Co.; Ordner Construction Co.; Snapper, Inc.; T&S Iron; State Volunteer Mutual Insurance Company; Universal Bonding Insurance Co.; Universal Surety of America; UNUM Life Insurance Company of America; UNUM Provident Corporation; Washington International Insurance; Western Surety Company; Swiss Re Life & Health America, Inc. | Reference:
SunTrust Bank. | Office Hours:
Monday: 08:30 AM - 05:30 PM
Tuesday: 08:30 AM - 05:30 PM
Wednesday: 08:30 AM - 05:30 PM
Thursday: 08:30 AM - 05:30 PM
Friday: 08:30 AM - 05:30 PM
| | DeWitte Thompson (Member) born Memphis, Tennessee, July 31, 1950; admitted to bar, 1975, Georgia; 1976, Florida and U.S. District Court, Northern District of Georgia; 1981, U.S. Court of Federal Claims; 1985, U.S. Supreme Court. Education: University of Georgia (B.B.A., 1972; J.D., 1975). Author: "Completion Option Issues Peculiar to Subcontract Bond Sureties," Surety Claims Institute, Fidelity & Surety Program, June, 1993. Member: 1981 ; Chairman, Claims Committee, 1981-1982; Board of Directors, 1997, The American Surety Association. Member: State Bar of Georgia (Member, Section on Insurance and Litigation); The Florida Bar; American Bar Association (Member: Forum Committee on the Construction Industry, 1977; Fidelity and Surety Committee, 1976; Committee on Construction Litigation, Section of Litigation, 1983); Atlanta Claims Association; Surety Claims Institute; National Bond Claims Association. Practice Areas: Surety Law; Construction Litigation; Civil Litigation. Email: DeWitte Thompson | | Jefferson B. Slagle (Member) born Marietta, Georgia, June 21, 1957; admitted to bar, 1981, Georgia; 1982, U.S. District Court, Northern District of Georgia, Georgia Court of Appeals and Georgia Supreme Court; 1985, U.S. Court of Appeals for the Eleventh and Federal Circuits and U.S. Supreme Court; 1986, U.S. Court of Appeals, Fourth and Fifth Circuits.. Education: Emory University (B.S., 1978, Psi Chi); University of Georgia (J.D., 1981). Law Clerk to Honorable L. Chandler Watson, Jr., U.S. Bankruptcy Court for the Northern District of Alabama, 1981-1982. Member: State Bar of Georgia. Practice Areas: Surety Law; Bankruptcy Law. Email: Jefferson B. Slagle | | Michael J. Hannan, III (Member) born White Plains, New York, August 22, 1965; admitted to bar, 1990, Georgia. Education: University of Georgia (B.A., cum laude, 1987; J.D., cum laude, 1990). Notes Editor, 1989-1990 and Member, Editorial Board, 1988-1989, Georgia Law Review. Author: Note, "The Effect of Cipollone: Has the Tobacco Industry Lost Its Impenetrable Shield?" 23 Georgia Law Review 763, 1989. Speaker: "Exploring Issues Peculiar To The Preparation And Trial Of The Cardiology Case For The Defendant," ICLE Medical Malpractice Seminar, Sea Island, Georgia, 1995; "Examination of Defendant's Expert," ICLE Medical Malpractice at Trial Seminar, 1999; "Determining the Standard of Reviews in ERISA Long-Term Disability Claims," ICLE Handling Long Term Disability Claims Seminar, 2001, 2002, 2003, 2004, 2005; "Documentation Issues and Charting for the Future in Georgia," Lorman Education Services Seminar, 2001; "The Defense Perspective in Mental Disability Cases," American Conference Institute, 2005; "Fifty Points to Cover with the Vocational Expert," American Conference Institute, 2005. Member: Atlanta, Federal and American (Member, Sections on: Litigation and Torts and Insurance Practice) Bar Associations; State Bar of Georgia; Defense Research Institute (Member, Life, Health and Disability Committee; Association of Trial Lawyers of America. Practice Areas: Professional Liability Litigation; Insurance Litigation; ERISA; Employment Litigation; Commercial Litigation; Products Liability Litigation; Class Actions. Email: Michael J. Hannan, III | | Alfred A. Malena, Jr. (Member) born New York, N.Y., May 11, 1968; admitted to bar, 1995, Georgia. Education: State University of New York at Albany (B.A., 1990); American University (J.D., 1993). Member, Atlanta Claims Association. Member: State Bar of Georgia and American Bar Association (Member, Fidelity and Surety Committee; Forum on the Construction Industry). Practice Areas: Surety; Construction Law; Insurance Defense; Alternative Dispute Resolution; Civil Litigation. Email: Alfred A. Malena, Jr. | | | | John D. Alexander (Associate) born Houston, Texas, December 20, 1971; admitted to bar, 2001, Georgia. Education: Georgia State University (B.B.A., 1996); Mercer University (M.B.A., 1997); Texas Wesleyan University (J.D., 2001). Practice Areas: Construction and Surety Law. Email: John D. Alexander | | Paul C. Beall (Associate) born Hazelhurst, Mississippi, July 8, 1968; admitted to bar, 1999, Louisiana; 2000, Georgia. Education: Louisiana State University (B.A., 1994); Southern University Law Center (J.D., 1998). Phi Alpha Delta. Member: State Bar of Georgia; Louisiana State Bar Association. [Sergeant, Louisiana Army National Guard, 1988-1996]. Practice Areas: Surety Law; Construction Law; Litigation; Personal Injury. Email: Paul C. Beall | | Marianne Boston (Associate) born Shreveport, Louisiana; admitted to bar, 1991, Alabama; 1997, Georgia. Education: Louisiana State University (1986); University of Alabama (1991). Notes Editor, 1989-1990, Member, Editorial Board, 1990-1991, Alabama Law Review. Past Member, Montgomery Inns of Court. Member: National Association of Women in Construction. Email: Marianne Boston | | Kelley C. Herrin (Attorney) born Atlanta, Georgia, September 1, 1971; admitted to bar, 1997, Georgia. Education: Georgia Institute of Technology (B.I.E., with highest honors, 1994); University of Georgia (J.D., 1997). Managing Board, Georgia Journal of International and Comparative Law. Member: State Bar of Georgia (Member, Insurance and Tort Section). Reported Cases: Allstate Insurance Co. v. Hamler, 247 Ga. App. 574 (2001); Bailey v. Bailey, 252 Ga. App. 175 (2001). Practice Areas: Property Insurance. | | Cheryl Sheppard Kniffen (Associate) born LaGrange, Georgia, May 27, 1960; admitted to bar, 1987, Georgia; 1988, U.S. District Court, Northern District of Georgia; 1989, Georgia Supreme Court. Education: Mercer University (B.B.A., summa cum laude, 1982; J.D., magna cum laude, 1986). Phi Kappa Phi; Order of Barristers. Managing Editor, Mercer Law Review, 1985-1986. Law Clerk to the Hon. William C. O'Kelley, Jr., U.S. District Court, Northern District of Georgia. Author: "Can Georgia's Rape Shield Statute Survive a Constitutional Challenge?" 38 Mercer L. Rev. 683, 1985. Staff Attorney, Georgia Court of Appeals, 1991-1995. Member: Brainerd Currie Honor Society; Intrastate Moot Court Team. Member: State Bar of Georgia. Practice Areas: Construction and Surety Law. Email: Cheryl Sheppard Kniffen | | Robert D. Steinberg (Associate) born Riga, Latvia; admitted to bar, 2003, Georgia. Education: Georgia Institute of Technology (B.S., Civil Engineering, 1982); Georgia State University (J.D., 2002). Dean's List. Registered Professional Engineer, Georgia. Member: State Bar of Georgia; American Bar Association (Member, Anti-Trust, Real Estate and Probate Sections). Languages: Russian. Practice Areas: Surety Defense; Construction Litigation; Commercial Litigation. Email: Robert D. Steinberg |
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