Fred M. Valz, III and Jena G. Emory recently won a motion for judgment on the pleadings in an improper bad faith case against a UM carrier.  In that case, Plaintiffs’ counsel attempted to bring claims for breach of contract, bad faith under multiple statutes, attorney’s fees under various statutes, punitive damages, and abusive litigation against a UM carrier in the original tort suit.  When the UM carrier elected to defend in the name of the defendant, Plaintiffs’ counsel moved for entry of default judgment against the UM carrier on all direct claims against it.  Valz and Emory filed a response to Plaintiffs’ motion for default judgment and filed a motion for judgment on the pleadings on all direct claims against the UM carrier claiming that bad faith was Plaintiffs’ exclusive remedy, and any bad faith claim is untimely in the original tort suit.  After hearing arguments on both motions, the court granted the UM carrier’s motion for judgment on the pleadings on all direct claims against the UM carrier and denied Plaintiffs’ motion for default judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred M. Valz, III and Jena G. Emory secured the dismissal of a lawsuit that included improper bad faith claims against a UM carrier.  Plaintiff’s counsel originally filed her complaint against a John Doe in state court and brought improper breach of contract and punitive damages claims against the UM carrier for failure to settle.  Valz and Emory requested that Plaintiff withdraw the direct claims against the UM carrier and dismiss the UM carrier as a party in the lawsuit.  Plaintiff withdrew the direct claims against the UM carrier but did not properly dismiss the UM carrier as a defendant.  Valz and Emory removed the case to federal court.  In federal court, Valz and Emory moved to dismiss the UM carrier as a named defendant, which the court granted.  The court then dismissed the entire lawsuit because it was pending against a John Doe only, which is not allowed in federal court.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred M. Valz, III and Jena G. Emory recently won a motion for judgment on the pleadings in a breach of contract claim against a UM carrier.  A new trend has begun among Georgia plaintiffs where, instead of waiting to bring a bad faith claim against a UM carrier, they attempt to bring a breach of contract claim against the UM carrier in the original tort suit.  In this case, Plaintiff did just that, and Valz and Emory filed a motion for judgment on the pleadings arguing that bad faith is Plaintiff’s exclusive remedy for the alleged failure to pay a UM claim and any breach of contract claim is not allowed by Georgia law.  The court granted the motion.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz, III and Jena Emory defeated a plaintiff’s motion to add an insurance company to a lawsuit for a bad faith claim.  In this case, the plaintiff’s counsel sent a property damage demand to the insurance company in order to set up a bad faith property damage claim against the insurer.  The plaintiff then moved to add the insurance company to an existing lawsuit to bring a bad faith claim against it.  Valz and Emory opposed the motion.  The court denied the motion to add the insurance company, effectively extinguishing the bad faith claim.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Fred Valz, III and Jena Emory won summary judgment as petitioners in a declaratory judgment action.  The declaratory judgment action was filed to determine the rights and obligations of an insurer for a sexual assault and attempted rape.  The order granting the motion found that that the alleged sexual assault did not meet the definition of an “occurrence” under the policy.  It further found that the intentional or criminal acts exclusion applied because the injuries to the victim would have been reasonably expected by the perpetrator.  An appeal was not filed.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On January 11, 2020, Jena Emory volunteered at the Atlanta Community Food Bank with the State Bar of Georgia's Young Lawyers Division Leadership Academy.  The YLD Leadership Academy participated in sorting food donations, including identifying expired and damaged food products as well as sorting the items for distribution.  In only three hours, the group sorted over 22,904 pounds of food, equating to 17,950 meals total.  The Atlanta Community Food Bank utilizes over 1,700 volunteers to work alongside staff members to procure and distribute food and grocery items received from hundreds of donors in the Atlanta area. Jena was recently accepted into the State Bar of Georgia's 2020 YLD Leadership Academy.  The program helps young lawyers develop leadership skills and gives them the opportunity to learn more about the profession, their community and state in which they practice. To learn more about the Atlanta Community Food Bank, please click here.

Atlanta Associate, Jena Emory was recently been accepted into the State Bar of Georgia's 2020 Young Lawyers Division Leadership Academy.  The Academy was founded in 2006 as a program for young lawyers to help develop leadership skills and give them an opportunity to learn more about the profession, their community and their state in which they practice in.  There are more than 500 alumni members of The Leadership Academy including solo practitioners, judicial law clerks, partners in small and large firms, assistant district attorneys, public defenders and more.  Acceptance into The YLD Leadership Academy gives participants the ability to network with judges, clients and fellow lawyers, quality programming and recognition in the field of law. To learn more about The YLD or The Leadership Academy, please click here.

CSVL Atlanta associate Jena Emory was recently published in The Atlanta Lawyer Magazine's May 2022 Edition (Vol. 20, No. 6). Jena's article, Privacy & Cybersecurity Member Appreciation Month CLE, is on Page 26-27. Please click here to access the May Edition of The Atlanta Lawyer and read Jena's article.

CSVL Associate Jena Emory was recently published in The Atlanta Lawyer Magazine's March/April 2022 Edition. Jena wrote an article for the Legends of the Bar series, entitled A Conversation with Edward T.M. Garland and Donald F. Samuel (pg 35). Please click here to access the March/April Edition of The Atlanta Lawyer and read Jena's article.

CSVL's Jena Emory was recently published in the ABA's After the Bar, a digital publication produced by the Young Lawer's Division (YLD) of the American Bar Association.  Jena's article entitled How to Have a Career You Love, was published on March 2, 2022 in the ABA's After the Bar: Professional Life column.  Jena is an associate attorney in the Atlanta offices of CSVL. Click here to read Jena's Article in its entirety. Click here to learn about the ABA's Young Lawyers Division.

CSVL Attorney Jena Emory authored two separate articles for The Atlanta Bar Publication, The Atlanta Lawyer. How to Plan Your First CLE is on pages 26-27 of the January/February 2022 Issue. In this same issue, Jena wrote Legends of the Bar (pages 30-31), an article covering the first installment of The Atlanta Bar's CLE series that goes by the same name. Click here to read her articles, and here to learn more about the Atlanta Bar Association.

Attorney Jena Emory co-authored an article with City of Atlanta Staff Attorney Kier Prince for The Atlanta Lawyer Magazine.  The article entitled 2021: But You Said You're a Lawyer!? is in the November/December 2021 issue (pg. 20-22), and recaps the Atlanta Bar Association's annual But You Said You're a Lawyer!? CLE program. In this same issue, Jena covered other events for the magazine including ACYL Associates' Campaign Kick-Off (pg. 23) and 2021 Braves World Series Parade (pg. 33). Click here to read her articles, and here to learn more about the Atlanta Bar Association.

CSVL's Jena Emory authored an article in the State Bar of Georgia Young Lawyers Division's publication The YLD Review. Jena's article, How to Become Involved in an Organization, is on page 8 of Volume 62, Issue 4, published in September 2021. Click here to read the article in its entirety. For more information on the State Bar of Georgia's Young Lawyers Division, please click here.

CSVL Associate Jena Emory coauthored an article, CLE By The Hour 2021, in The Atlanta Lawyer Magazine's July/August 2021 Edition. The article highlighted the Atlanta Bars' CLE By the Hour virtual program from May 2021, which brought timely information to members on navigating various scenarios and situations in a pandemic environment. To read the article, please click here. To read the magazine in its entirety, please click here.

CSVL's Jena Emory authored an article in the State Bar of Georgia Young Lawyers Division's publication The YLD Review. Jena's article for the Adulting 101 column, How to Maintain Your Passion for the Law, is on page 8 of Volume 62, Issue 3, published in May 2021. Click here to read the article in its entirety. For more information on the State Bar of Georgia's Young Lawyers Division, please click here.

CSVL associates Jena Emory and Caroline Sims were recently featured in The YLD Review for their efforts in the YLD Winter Wills Clinic. The YLD Review is a quarterly publication highlighting member initiatives and and education, published by the State Bar of Georgia's Young Lawyers Division. The article titled YLD Winter Virtual Wills Clinic With Atlanta Legal Aid, is in Volume 62, Issue 2, March 2021 (Page 13). Jena Emory, no stranger to the Young Lawyers Division, is co-chair of the YLD Women in the Profession Committee. Caroline Sims, a YLD member, was quoted in the article. To read the article in entirety, click here. For information on The YLD Review newsletters, please click here.  

Jena Emory recently authored Budgeting Like a Pro for the State Bar of Georgia, Young Lawyers Division's The YLD Review. Her article was published in the June 2020 Edition (Volume 61, Issue 4). To read the article, please click here.

Jena Emory recently submitted an article to The YLD Review, a State Bar of Georgia Young Lawyers Division publication.  Her piece, Not All Lawyers Are Professionals, was published in the December 2019 edition, Volume 61, Issue 2. Jena is an Associate in the general liability practice group of the firm's Atlanta office. She is an active member of the Young Lawyers Division of the State Bar of Georgia serving as the Co-Chair of the Women in the Profession Committee and as a Member at Large of the Representative Counsel. Jena was also recently selected for the 2020 YLD Leadership Academy. Please click here to read the full article. To learn more about the Young Lawyers Division, please click here.