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J.D. Humphries III: Lawyer with Stites & Harbison, PLLC

J.D. Humphries III

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Atlanta,  GA  U.S.A.
Phone404-739-8817

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Construction
  • Construction Law
  • Financial Institutions Litigation and Subprime Litigation
  • Alternative Dispute Resolution
  • Appellate Advocacy
  • Business Litigation
  • Commercial Disputes - Contracts and Business Torts
  • Company Management, Governance and Control Litigation
  • Complex / Large Litigation
  • Fiduciary Duty, Trade Secret and Unfair Competition Litigation
  • Franchise, License and Agency Litigation
  • Insurance Coverage, Bad Faith and Regulatory Litigation
  • Real Estate and Land Use Litigation
  • Securities Litigation
  • Drafting, Reviewing & Negotiating Construction Contracts
  • Contract Drafting, Negotiation for Public & Private Projects
 
University Washington and Lee University, B.A., Commerce, with special attainments, 1966; Notes Editor, Washington and Lee Review; Omicron Delta Kappa, "Who's Who in American Colleges and Universities"
 
Law SchoolWashington and Lee University School of Law, J.D., cum laude, 1969
 
Admitted1970, Georgia; 1987, Florida; 1988, District of Columbia; Supreme Court of Georgia; District of Columbia; Georgia Court of Appeals; U.S. Court of Appeals for the 4th Circuit; U.S. Court of Appeals for the 5th Circuit; U.S. Court of Appeals for the 6th Circuit; U.S. Court of Appeals for the 8th Circuit; U.S. Court of Appeals for the 11th Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the Middle District of Florida; U.S. District Court for the Northern District of Georgia; Pro Hac Vice in Several Jurisdictions
 
BornNewark, Ohio, September 27, 1944
 
Biography

J.D. Humphries is the Executive Member of the Atlanta office. He has substantial experience in addressing and resolving problems and issues through negotiation, mediation, arbitration and litigation. While a member of our Construction Service Group and working with general contractors, subcontractors, and developers, Mr. Humphries has served as corporate counsel and business advisor to numerous clients and has significant transactional, real estate and probate experience. He has both created corporations, limited liability companies, limited partnerships, family partnerships and dealt with control and management disputes arising from such entities. He has represented various banks on numerous issues, and has dealt with fiduciary duty claim arising from a position held such as trustee, executor, director, or partner. He has assisted resolution of partnership disputes involving various issues. His litigation and business practice have interfaced with organized labor as well as employment issues, including restrictive covenants. He has litigated securities and anti-trust issues. He is consistently recognized and listed in Best Lawyers in America® and as a Super Lawyer based in Georgia. Professionally, he has served as a past president of the Lawyers Club of Atlanta and The Atlanta Legal Aid Society, Inc.

Recent Assignments

· Obtained a $900,000 jury verdict on a road construction case involving drilling, blasting and crushing of rock into graded aggregate base while defeating a $600,000 counterclaim

· Acquired and then merged a Swiss owned Delaware corporation operating in Rhode Island into a Georgia corporation

· Obtained preliminary injunction regarding trade secrets and fraud former officer violated duty of loyalty

· Represented Canadian Indian cigarette fabricator with Georgia Attorney General

· Obtained the removal of a personal representative for breaches of fiduciary duty and obtained $14,000,000 judgment for misappropriated funds

· Obtained a favorable declaratory judgment on the enforceability of a liquidated damages provision in a New York contract in a Georgia court

· Closed an asset purchase of the assets of a gear grinding company for a metal coating fabricator

· Resolved 13 lien claims on a troubled construction project

· Arbitrated and settled a multi-million dollar delay and impact claim on an office building

Recent Speaking Engagements and Publications

· "Continuing Saga: Thickness of Poured Concrete on Grade Slabs," Stites & Harbison, PLLC, Client Alert, March 21, 2011

· "Ethics and Leadership," Annual Meeting of ODK, Atlanta, Feb. 28, 2008

· "Proving and Disproving Construction Damages at Trial," Continuing Legal Education Institute of Georgia, Sept. 28, 2007

· Lecturer and Panelist for Annual Law Firm Management Symposium sponsored by Joel H. Rose of New Orleans

· Lecturer for the Georgia Chapter, Associated General Contractors on Georgia lien law, Ponte Vedra Beach, Fla.

Published Cases

· Pace Construction Corp. v. Northpark Asso. L.P., 215 Ga. App. 438, 450 S.E.2d 828 (1994)

· Impreglon, Inc. v. Newco Enterprises, Inc., 508 F.Supp. 2d 1222 (N.D. Ga. 2007)

· Ray v. Jolles, 280 Ga.452, 629 S.E.2d 250 (2006)

· Ray v. National Health Investors, Inc., 280 Ga. App. 44, 633 S.E.2d 288 (2006)

· James L. Warren, J.D., P.C. v. Weber and Warren Anesthesia Services, LLC, 272 Ga.App. 232, 612 S.E.2d 17 (2005)

· Swartz Investments, LLC v. VION Pharmaceuticals, Inc., 252 Ga.App. 365, 556 S.E.2d 460 (2001)

· Old Stone Mortg.& Realty Trust v. New Georgia Plumbing, Inc., 239 Ga. 345, 236 S.E. 2d 592 (1977)

· Pace Construction Corp. v. OBS Co., 531 So.2d 737 (Fla. 2d DCA 1988) rev'd 558 So.2d 404 (Fla. 1990)

· Rohrer Hibler & Replogle, Inc. v. Perkins, 728 F.2d 860 860 (7th Cir. 1984); cert. denied 469 U.S. 890, 105 S.Ct.265 (1984)

· Lester v. Zurn Industries, Inc., 33 F.3d 54 (6th Cir. 1994) cert. denied 510 U.S. 1181 U.S. (1994)

Before Stites & Harbison

Mr. Humphries came to Atlanta in 1969 following graduation from law school and joined a major Atlanta law firm where he met Morgan Varner and Dick Stephens. They eventually formed their own firm which merged with Stites & Harbison in 1999.

More than Stites & Harbison

He serves on the Atlanta Chamber of Commerce's Advisory Board of Directors, as an usher at the Cathedral of St. Philip, and past president of the Georgia Lacrosse Foundation, Inc. He's also past president and Annual Fund Chairman (2003-06) for the Atlanta Legal Aid Society, Inc., which raised above their goal of $1,500,000. He is First Vice President and President-Elect of the Civil War Round Table of Atlanta. He has served as president of the Atlanta Chapter of the Washington & Lee Alumni Association, Inc.

Besides Stites & Harbison

J.D. is enthusiastically involved with the lacrosse community and is an avid high school and collegiate wrestling fan. He admits to partaking in a hacker's game of golf with an occasional run for fun.

Memberships

American Bar Association

Associated Builders and Contractors of Georgia

Associated General Contractors of America

Atlanta Bar Association

Lawyer's Club of Atlanta

Georgia Bar Foundation

State Bar of Georgia

The Florida Bar

District of Columbia Bar Association

Old Warhorse Lawyer's Club

Community Involvement

Atlanta Chamber of Commerce, Advisory Board of Directors

Cathedral of St. Philip, usher

Georgia Lacrosse Foundation, Inc., Past-President, Board Member

Atlanta Legal Aid Society, Inc., Chair of Annual Fund Raising, 2007

Civil War Round Table, First Vice President, 2009

Lawyers Club of Atlanta, Past President

Lawyers Foundation of Atlanta, Inc., Former Chairman

Industry Experience

Arbitration / Mediation / Dispute Resolution

Automotive & Manufacturing Facilities

Banking / Financial Services

Chemical & Allied Products / Plastics

Construction

Educational Institutions

Entertainment / Leisure / Media

Entrepreneurism

Financing

Gaming

Government Procurement & Contracts

Hotels / Hospitality Facilities

Insurance Carriers / Brokers / Agents

Land Conservation

Not For Profit & Professional / Trade Organizations

Printing / Publishing

Real Estate / Real Estate Development

Sports & Sports Facilities

Telecommunications

Tobacco

Venture Capital / Private Equity

Wholesalers / Distributors

News

75 Stites & Harbison attorneys honored in Best Lawyers in America

New Statutes / National Trend for Certificates of Insurance

 
ISLN906304158
 


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Office Information

J.D. Humphries III
Stites & Harbison, PLLC
303 Peachtree Street, N.E.
Atlanta, GA 30308




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