- Successfully petitioned the U.S. Supreme Court in Dart Cherokee Basin Operating Co., LLC v. Owens, No. 13-719, and then argued the case and convinced the Court to rule in clients’ favor on the merits. The Court clarified that a defendant seeking removal to federal court need not include evidence of federal jurisdiction in its notice of removal; allegations of federal jurisdiction suffice. The Court also rejected the so-called “presumption” against removing cases to federal court under the Class Action Fairness Act.
- Representing a major agricultural lender in peanut-related litigation in a Georgia superior court.
- Counsel to a group of Vidalia onion producers in appellate litigation in the Georgia Court of Appeals.
- Defending a leading egg producer in proceedings before the Executive Office of Immigration Review of the United States Department of Justice.
- 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.
- Won summary judgment for a large integrated poultry company in breach of contract litigation in a Georgia superior court that was affirmed by the Georgia Court of Appeals.
- Representing a large peanut marketing company in litigation involving long-term peanut supply contracts.
- Trial counsel for a 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.
- Representing group of tomato producers in litigation before the United States Department of Agriculture.
- Representing an interstate natural gas pipeline company in connection with expansion of its capacity.
- Representing one of the largest natural gas joint action agencies in the United States in litigation in Tennessee federal court.
- Lead trial counsel for co-trustees and co-executors in the successful defense against multimillion-dollar claims for breach of fiduciary duty and other torts. The trial court granted 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 multimillion-dollar estate.
- Obtained a judgment for more than $5 million as trial counsel in a breach of fiduciary duties case in the Superior Court of Gwinnett County, Georgia.
- 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.
Partner,
- Phone: 404.881.4481
- Email: nowell.berreth@alston.com
Nowell's clients frequently call on him to share advice on agribusiness litigation and counseling. He also has an active appellate practice, including arguing before the U.S. Supreme Court in 2014. Nowell's working relationships with various agricultural companies allow him to relate to a wide variety of clients.