Clay Massey is a trial attorney in Alston & Bird's Environment, Land Use & Natural Resources Group. His practice focuses on complex litigation, particularly in the areas of toxic torts and land use. He has successfully tried multiple cases to verdict and has litigated a broad range of matters for domestic and international clients at both the trial and appellate levels. His experience as trial counsel for clients includes matters in Georgia, Florida, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New York, North Carolina, Oklahoma, Pennsylvania, Texas and Washington.
Mr. Massey received his J.D., summa cum laude, from the University of Tennessee, where he was elected to the Order of the Coif. He also was Managing Editor of the Tennessee Law Review.
Mr. Massey is a member of the board of directors of Hands on Atlanta, which provides volunteer services to individuals, families, and schools in the Atlanta area. He is a member of the American Bar Association’s Mass Torts Committee. He has also served on LexisNexis's National Advisory Board and as a committee chairman for the Atlanta Bar Association. In 2012, he received the Atlanta Bar Association’s Distinguished Service Award.
Toxic Tort/Environmental Litigation
- Full defense verdict for major chemical company in toxic tort action after 2-week jury trial in Georgia (2011).
- Full defense verdict for major chemical company in toxic tort action after 3-week jury trial in Georgia (2011).
- Partial directed verdict and favorable settlement for major chemical company after 3-week jury trial in toxic tort action in Florida (2013).
- Obtained favorable settlement as trial counsel to major chemical company at trial of toxic tort action in Louisiana (2012).
- Obtained full dismissal of 146 plaintiffs’ air and groundwater contamination claims as trial counsel to owner of the fifth largest power plant in the country (2014).
- Obtained summary judgment on behalf of global shipping and logistics company against environmental trespass claims allegedly arising from operations on its property.
- Counsel to carbon black manufacturer against claims of personal injury and property damage based on alleged facility emissions.
- National trial counsel for a Fortune 50 company in litigation arising from former asbestos operations.
- National trial counsel for a Fortune 500 automotive parts supplier in asbestos litigation.
- Lead trial counsel for international appliance manufacturer in litigation in Michigan challenging local government’s application of historic district ordinance to preclude factory demolition.
- Obtained final judgment as lead trial counsel for developer against action to enjoin its proposed housing development on zoning and permitting grounds.
- Trial counsel for the nation’s largest construction materials producer in successful litigation to overcome zoning and land use restrictions prohibiting expansion of client’s mining operations.
- Lead trial and appellate counsel in prosecution of $35 million action against international hotel operator concerning the use and condition of European client’s 25-story hotel property.
- Obtained summary judgment as lead counsel for major travel center operator against action by national competitor asserting restrictive covenants to enjoin operations on client’s property.
- Successfully prosecuted multimillion dollar arbitration on behalf of investor in premier private golf club development and other commercial real estate developments based on claims of fraud, breach of contract and breach of fiduciary duty.
- Obtained full dismissal and summary judgment for an Am Law 100 law firm in defense of fraud and malpractice claims arising from its prosecution of a zoning appeal.
- Represented developers in land use administrative proceedings.
- Represented and advised various companies on land use diligence matters involved in major land development projects.
Other Civil Matters
- Obtained summary judgment as lead counsel for international investment fund against action by German GmbH seeking status and rights as member of fund.
- Obtained a final judgment for a major municipal electric authority in litigation concerning the validation of funding for the construction of additional nuclear power units.
- Obtained summary judgment in favor of a national bank and its CEO against defamation claims arising out of an independent internal investigation and a restatement of earnings.
- Lead counsel for national tax preparation services company in successful defense against action by competitor to enjoin client’s operations based on claims of unfair trade practices.
- Obtained summary judgment on behalf of national health care provider to collect over $1 million in breach of contract action.
- Obtained six-figure judgment for investor in an Off-Broadway production against production company based on claims of fraud, breach of contract and breach of fiduciary duty.
- Member of the interdisciplinary team of lawyers that represented the court-appointed independent Examiner in the Enron Corporation bankruptcy.
- Appellate counsel for clients in various matters before the Georgia Court of Appeals, Georgia Supreme Court and Eleventh Circuit Court of Appeals.
"The Learned Intermediary Doctrine in Georgia," Toxic Torts, Georgia Practice & Trial Law Section, State Bar of Georgia, Institute of Continuing Legal Education in Georgia, March 2014.