Russell J. Rogers

Practices

• Business Litigation
• Product Liability Litigation

Professional Experience

Russ serves as Partner-in-Charge for the Atlanta office and is a Vice Chair of the firm's Business Litigation practice group. Russ is also a member of the Product Liability Litigation practice group. He focuses his practice on commercial litigation and product liability defense. In the commercial litigation realm, Russ has extensive experience litigating complex contract disputes in a wide variety of contexts, most commonly in the secured lending and insurance coverage areas. His product liability experience is broad, but his practice has been focused on pharmaceutical products and claims against energy companies, especially claims relating to fuel gases. Russ also has considerable experience with environmental litigation, and substantial experience with all forms of alternative dispute resolution, including arbitration.

Russ is admitted to practice in the Courts of the State of Georgia, and in the United States Court of Appeals for the Fourth, Sixth and Eleventh Circuits.

Education

• Emory University School of Law, J.D., 1992, with distinction
• University of Louisville, B.A., 1988, with honors

• Arthur Jones v. Option One Mortgage Corporation, et al., No. 10-4352 (6th Cir. February 29, 2012). Secured summary judgment in clients’ favor on a series of contract and statutory claims. Order was affirmed by the United States Court of Appeals for the Sixth Circuit.
• Zurab Lezhava v. Wilmington Trust Co., et al., No. 11-10113 (11th Cir. February 10, 2012).  Secured summary judgment in client’s favor on multi-million dollar breach of contract claims.  Order was affirmed by the United States Court of Appeals for the Eleventh Circuit on appeal.
• CDC Corporation v. CDC Software Corporation, et al., United States Bankruptcy Court for the Northern District of Georgia, Case No. 12-05032-pwb.  Represented sub-subsidiary corporation and other respondents in a multi-day evidentiary hearing on parent corporation’s motion for a preliminary injunction to prevent sub-subsidiary corporation from exploring a proposed transaction.  On February 7, 2011, the court granted the motion in part and denied the motion in part, but, critically, allowed the sub-subsidiary to continue to explore the proposed transaction.
• Represented Atlanta Gas Light Company in three cases arising from a September 30, 2003 explosion and fire.  On February 6, 2011, the Court entered summary judgment in Atlanta Gas Light Company’s favor in each of the three cases:
  
  Billy Joe Anderson, as Administrator of the Estate of Joshua Anderson v. Atlanta Gas Light Company, et al., State Court of Fulton County, State of Georgia, Civil Action File No.: 05-EV-000068A
  
  Jason Hunter v. Atlanta Gas Light Company, et al., State Court of Fulton County, State of Georgia, Civil Action File No.:  05-EV-000067Y
  
  David Cadieux v. Atlanta Gas Light Company, et al., State Court of Fulton County, State of Georgia, Civil Action File No.:  05-EV-000202Y
• Williams Service Group, LLC v. National Union Fire Ins. Co. of Pittsburgh, PA, et al., 2011 WL 2489952 (N.D.Ga. June 20, 2011).  Represented the policyholder in this complex insurance coverage dispute arising from six years of high-deductible, multi-policy insurance programs.  Partial summary judgment was entered in favor of our client relieving the client of any obligation to repay roughly $1.5 million in losses and reducing the collateral required of the client by more than $2 million.
• Glandon Capital Group, LLC v. AMRO, LLC, et al., JAMS Ref. No. 1440002986 (May 16, 2011).  Represented the lender in this arbitration seeking to recover on guarantees.  At the conclusion of an arbitration that consumed a mere four months, the arbitrator, former Chief Justice of the Georgia Supreme Court Norman S. Fletcher, entered an award in favor of our client in an amount exceeding $9 million.
• Fairfax v. Wells Fargo Bank, N.A., et al., 312 Ga. App. 171, 718 S.E.2d 16 (2011).  Represented the Trustee and servicer in this suit seeking to enjoin liquidation of collateral.  The trial court granted our motion to dismiss for failure to state a claim, and the Georgia Court of Appeals affirmed that order.
• Atreus Communities of America, LLC, et al. v. KeyBank National Association,   307 Ga. App. 716, 706 S.E.2d 107 (2011).  Represented the client in a two-day evidentiary hearing in this complex confirmation proceeding relating to a subdivision.  The trial court entered an order in favor of our client.  The Georgia Court of Appeals affirmed the trial court's favorable order in this published decision.
• KeyBank National Association v. Fairpoint, LLC,   2008 WL 4613648 (N.D.Ga. October 14, 2008). Represented our client in this inter-creditor dispute.  In three and one-half months, our litigators were able to get summary judgment on our client's claims for breach of certain subordination agreements.  Final judgment in our client's favor was entered in a mere seven months.
• Underwriters Insurance Co. v. Atlanta Gas Light Company, Case No. 1:03-cv-0121 (N.D. Ga. March 28, 2005).  Represented client in declaratory judgment action filed by its insurer.  Client was additional insured under policy.  The Court entered summary judgment in the client’s favor on the coverage issues.
• Wabash Metal Products, Inc. v. AT Plastics Corp., 258 Ga. App. 884, 575 S.E.2d 683 (2002).  Represented property owner in suit seeking compensation for personal injury resulting from an industrial accident.  The Court entered summary judgment in favor of our client, and the Georgia Court of Appeals affirmed that decision on appeal.

• "Georgia's Evolving Impact Rule," Recent Developments in Toxic Tort Law, State Bar of Georgia CLE, 2004

Order of the Coif
Georgia Super Lawyers, 2010, 2011, 2012