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Nowell D. Berreth

Partner


Nowell Berreth focuses his practice on representing agribusinesses in litigation and general counseling, working frequently on matters concerning the Packers & Stockyards Act, the Capper-Volstead Act, the Perishable Agricultural Commodities Act and other agricultural statutes. He serves as outside general counsel to the nation’s largest cooperative representing egg producers. He works with producers and distributors of many other agricultural products, including poultry, peanuts, produce, corn and soybeans. He chairs the State Bar of Georgia’s Agricultural Law Section and serves on the Advisory Board of the National Agricultural Law Center at the University of Arkansas Law School. He is active in the American Agricultural Law Association and the Georgia Agribusiness Council.

Before joining the firm, he served two years as a federal court law clerk to the Honorable Willis B. Hunt, Jr., United States District Court for the Northern District of Georgia.

Mr. Berreth received his J.D., cum laude, from Georgia State University in 1998, where he is a member of the Graduate Leadership Council.

Representative Experience

Representative agriculture experience:

  • Outside general counsel to the nation’s largest cooperative representing egg producers.
  • Lead trial counsel for one of the largest integrated poultry companies in the United States in the successful defense of claims brought under the Packers & Stockyards Act and the Agricultural Fair Practices Act.
  • Trial counsel for large integrated poultry company in a week-long jury trial in the Superior Court of Walton County, Georgia. The jury awarded the company more than $630,000 in damages on its breach of contract claims and awarded the defendant nothing on its counterclaim.
  • Counsel for a large integrated poultry company in the successful defense of claims arising out of a delayed freight train. The arbitration panel found for the company on all claims and awarded the plaintiff nothing.
  • Counsel to numerous produce companies in successful efforts to obtain injunctive and monetary relief in Perishable Agricultural Commodities Act cases in federal and state courts.

Representative fiduciary litigation experience:

  • Lead trial counsel for co-trustees and co-executors in the successful defense against multi-million dollar claims for breach of fiduciary duty and other torts. The trial court granted a summary judgment in our clients’ favor and there was no appeal.
  • Counsel for a charitable foundation’s trustees in a successful appeal to the Georgia Supreme Court in a case involving the disposition of a multi-million dollar estate.

Representative other litigation experience:

  • Lead trial counsel for a worldwide transportation and logistics company in two arbitrations seeking hundreds of thousands of dollars for shipments of computers that had been lost or damaged by trucking firms. Both arbitration panels awarded the company all the damages it sought.
  • Counsel for a Fortune 25 company in the successful defense of the constitutionality of the North Carolina punitive damages cap in a case involving a jury verdict of $20,000 in compensatory damages but $23 million in punitive damages.


Publications
Spring 2008
June 2006
"Defining Actionable Unfairness Under the Packers & Stockyards Act," The Agriculturalist Lawyer, June 2006.

Nowell D. Berreth

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-4481
Fax: 404-253-8489

Education

  • Georgia State University
    (J.D., 1998)
  • University of Georgia
    (B.A., 1991)

Admitted to Practice

  • Georgia