The firm is pleased to announce that Mr. B. Tyler Brooks will be joining us this summer. Mr. Brooks is from Greensboro, NC and a summa cum laude graduate of Wake Forest University, where he was a member of Phi Beta Kappa. He graduated from Vanderbilt University Law School in 2006. He has since clerked for the Honorable Walter C. Kurtz, Senior Judge for the State of Tennessee and formerly Judge of the Fifth Circuit Court for Davidson County, Tennessee, at Nashville, and the Honorable Bernice Bouie Donald, United States District Court for the Western District of Tennessee, at Memphis. While in law school, Mr. Brooks also interned for the Honorable Richard A. Elmore, North Carolina Court of Appeals, and the Honorable Thomas A. Wiseman, Jr., Senior United States District Judge for the Middle District of Tennessee.

Mr. Brooks is licensed in North Carolina and Tennessee, and we are excited to have him join the firm upon his return to North Carolina this summer.

Frank Gordon and Bill Stewart successfully defended an F.E.L.A. case in Scotland County Superior Court. The plaintiff in the case claimed a career-ending disability (bilateral knee osteoarthritis) as a result of alleged cumulative trauma to his knees from working as a conductor for 36 years. After an eight day trial, the jury returned a verdict in favor of the defendant, finding no liability. Plaintiff was represented by counsel from Portsmouth, Virginia.

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John Millberg and Meredith Woods were successful in a matter before the South Carolina Court of Appeals. The case involved an attack on the validity of a release obtained by the firm’s short line railroad client. An employee claimed an on-the-job injury and the company settled his claim in exchange for a release of liability. The employee later filed suit attempting to set aside the release, claiming it was fraudulently obtained.

The Darlington County, South Carolina Court of Common Pleas granted summary judgment in favor of the railroad company. The South Carolina Court of Appeals recently affirmed that result in a 3-0 decision in favor of the company. Plaintiff then petitioned for rehearing en banc. That petition was denied by the Court of Appeals on May 25, 2011.

To read the Court’s published opinion, please visit this link at the South Carolina Judicial Department’s webpage.
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John Millberg was asked to present at the NARTC’s Special Litigation Conference in Park City, Utah, this past February. Mr. Millberg spoke on the strategic considerations in requesting independent medical examinations and in taking depositions of treating physicians.

John Millberg was asked to present at the 85th Annual Meeting of the Southeastern Claims Conference in St. Augustine, Florida. Mr. Millberg joined co-counsel from a recent trial, Mr. Mark Wilby of Augusta, Georgia, in discussing the strategic decisions that led to a favorable result in that two week trial.

The time has come to bid our associate Jamie Hovda farewell. Mr. Hovda, who joined the firm in 2009 as a one year associate, has been an integral part of the legal team at MGS. In early July Mr. Hovda and his wife, Dr. Margaret D. Hovda, will relocate to Chicago, where Mr. Hovda will become associated with our friends MacCabe & McGuire, and Dr. Hovda will begin her fellowship at the University of Chicago’s Medical Center. We wish Mr. Hovda and his family the best of luck in their new home.

Millberg Gordon Stewart is pleased to announce that its senior associate, William H. Harkins, Jr., is now a Martindale-Hubbell AV Preeminent Peer Review Rated lawyer.

John Millberg and Meredith Woods successfully defended an F.E.L.A. matter in Edgecombe County, North Carolina Superior Court. The case involved claims of back, neck, shoulder and leg injuries and arose out of a vehicular accident. The trial judge granted a directed verdict in favor of the defendant after a two day trial. Both damages and liability were contested. Plaintiff was represented by counsel from Houston, TX, and Greensboro, NC.

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John Millberg and Will Harkins successfully defended an F.E.L.A. and Locomotive Inspection Act case in the Spartanburg County, South Carolina Court of Common Pleas. The case involved a claim of a career-ending knee injury and an allegedly defective locomotive. After a week-long trial the jury returned a verdict in favor of the defendant. Both damages and liability were contested. Plaintiff was represented by counsel from Portsmouth, VA, and Charleston, SC.

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John Millberg and Will Harkins were asked to present at the NARTC’s Special Litigation Conference in Lake Tahoe, CA, this past January. Mr. Millberg spoke on cross-examination techniques and strategy, while Mr. Harkins spoke on “pre” pre-trial planning.

John Millberg and Bill Stewart were part of a trial team which successfully defended a complex railroad crossing death case in Bamberg County, South Carolina Court of Common Pleas. After a two week trial, the jury returned a verdict in favor of the defendant. Both damages and liability were contested. Plaintiff was represented by counsel from Bamberg, SC, and Hampton, SC.

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Millberg Gordon Stewart is pleased to announce that our associate Jamie Hovda is now licensed to practice law in North Carolina, and our associate Meredith Woods is now licensed to practice law in South Carolina.

John Millberg and Meredith Woods successfully defended a railroad crossing negligence case in New Hanover County, North Carolina Superior Court. Plaintiff was a passenger in a vehicle that collided with a standing train on a crossing at night. At the conclusion of the evidence in a two-day trial, plaintiff dismissed his case, with prejudice. Both damages and liability were contested. Plaintiff was represented by counsel from Wilmington, NC.

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Millberg Gordon Stewart is pleased to announce the addition of Jamie Hovda to our firm this August. Mr. Hovda will be joining us from the University of North Carolina - Chapel Hill, School of Law.

Frank Gordon and Will Harkins successfully defended an F.E.L.A. death case in New Hanover County, North Carolina Superior Court. The case involved claims of exposure to toxic chemicals and alleged both resultant brain damage and blood cancer. After a three week trial, the jury returned a verdict in favor of the defendant. Both damages and liability were contested. Plaintiff was represented by counsel from Dallas, TX, and Wilmington, NC.

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