Legal Analysis
COVID-19 Liability Claims Playbooks – Now Available for Download!
August 6, 2020
Parks Stone has tried cases to favorable resolutions in state and federal courts nationwide, including serving as lead counsel in multiple jury trials, bench trials and arbitrations. He has drafted and argued dispositive motions, conducted and defended depositions, negotiated settlements, and handled all aspects of the litigation process through discovery, trial and appeal. His practice focuses on commercial litigation and defending insureds and companies in a wide range of matters, including product liability, trucking and transportation, premises liability, auto, directors and officers liability, errors and omissions/professional liability claims against lawyers, accountants and others, construction, health care and insurance coverage. Parks is the regional managing partner for the firm's Atlanta office.
Parks also regularly defends medical negligence actions on behalf of healthcare entities, including long-term care facilities, assisted living facilities, personal care homes, skilled nursing facilities, hospices, and correctional facilities. He also has defended brokers and agents, architects and engineers, board members, financial advisors, accountants, lawyers, and real estate brokers and agents in E&O claims in trials and appeals.
Parks further represents clients regarding insurance coverage issues, including litigating declaratory judgment actions and claims of bad faith. He advises clients in a wide variety of insurance coverage areas, including general liability, pollution, construction defect, first-party property, fidelity, employment, professional liability, errors & omissions, public entity liability, surplus lines and toxic torts.
In addition, Parks represents businesses in all aspects of employment law, including tort and contract claims, defense of EEOC charges, whistleblower claims, employment discrimination and sexual harassment litigation, employee benefits litigation, wage-and-hour issues (including collective action litigation), labor matters, ADA claims, violation of noncompete agreements and retaliation claims.
Parks has extensive experience representing financial institutions, including multinational and regional banks, credit unions, mortgage lenders and financial services companies in a wide variety of commercial litigation matters at the state and federal levels, including actions to enforce promissory notes and guarantees, loan workouts and restructurings, and defense of financial institutions in litigation. He regularly defends clients against a variety of state and federal consumer protection statute claims, including the TCPA (Telephone Consumer Protection Act), FDCPA (Fair Debt Collection Practices Act) and FCRA (Fair Credit Reporting Act), including successfully defending nationwide class actions arising under these statutes.
Among his other accomplishments, Parks has a breadth of real estate E&O defense experience managing and resolving claims on behalf of large national property management and brokerage firms as well as litigating disputes throughout the United States on behalf of real estate brokers, appraisers, title abstractors, home inspectors, insurance brokers, managing agents and broker-dealers. Parks’s experience in the insurance and real estate industries results in spot-on analysis of liability and exposure and effective resolution strategies.
In law school, Parks served as a judicial intern for a United States District Judge for the Northern District of Georgia.
Parks Stone has tried cases to favorable resolutions in state and federal courts nationwide, including serving as lead counsel in multiple jury trials, bench trials and arbitrations. He has drafted and argued dispositive motions, conducted and defended depositions, negotiated settlements, and handled all aspects of the litigation process through discovery, trial and appeal. His practice focuses on commercial litigation and defending insureds and companies in a wide range of matters, including product liability, trucking and transportation, premises liability, auto, directors and officers liability, errors and omissions/professional liability claims against lawyers, accountants and others, construction, health care and insurance coverage. Parks is the regional managing partner for the firm's Atlanta office.
Parks also regularly defends medical negligence actions on behalf of healthcare entities, including long-term care facilities, assisted living facilities, personal care homes, skilled nursing facilities, hospices, and correctional facilities. He also has defended brokers and agents, architects and engineers, board members, financial advisors, accountants, lawyers, and real estate brokers and agents in E&O claims in trials and appeals.
Parks further represents clients regarding insurance coverage issues, including litigating declaratory judgment actions and claims of bad faith. He advises clients in a wide variety of insurance coverage areas, including general liability, pollution, construction defect, first-party property, fidelity, employment, professional liability, errors & omissions, public entity liability, surplus lines and toxic torts.
In addition, Parks represents businesses in all aspects of employment law, including tort and contract claims, defense of EEOC charges, whistleblower claims, employment discrimination and sexual harassment litigation, employee benefits litigation, wage-and-hour issues (including collective action litigation), labor matters, ADA claims, violation of noncompete agreements and retaliation claims.
Parks has extensive experience representing financial institutions, including multinational and regional banks, credit unions, mortgage lenders and financial services companies in a wide variety of commercial litigation matters at the state and federal levels, including actions to enforce promissory notes and guarantees, loan workouts and restructurings, and defense of financial institutions in litigation. He regularly defends clients against a variety of state and federal consumer protection statute claims, including the TCPA (Telephone Consumer Protection Act), FDCPA (Fair Debt Collection Practices Act) and FCRA (Fair Credit Reporting Act), including successfully defending nationwide class actions arising under these statutes.
Among his other accomplishments, Parks has a breadth of real estate E&O defense experience managing and resolving claims on behalf of large national property management and brokerage firms as well as litigating disputes throughout the United States on behalf of real estate brokers, appraisers, title abstractors, home inspectors, insurance brokers, managing agents and broker-dealers. Parks’s experience in the insurance and real estate industries results in spot-on analysis of liability and exposure and effective resolution strategies.
In law school, Parks served as a judicial intern for a United States District Judge for the Northern District of Georgia.
Parks Stone (Partner-Atlanta, GA), Michael Manfredi (Partner-Atlanta, GA) and Eleanor Jolley (Of Counsel-Atlanta, GA) prevailed at the Georgia Court of Appeals in a libel and slander case filed against our client defense attorney for comments made to opposing counsel during the course of the underlying litigation. Our client made comments to opposing counsel regarding the nature and extent of the appellant doctor’s services and billing practices. The doctor filed the lawsuit seeking to silence our client by asserting claims for libel and slander. Parks, Michael and Eleanor sought dismissal under Georgia’s anti-SLAPP free speech statute on the grounds the communications were privileged, protected, and made in good faith and in furtherance of a legitimate interest. The trial court agreed in part, finding the communications were protected but not privileged. The Court of Appeals reversed and remanded the trial court’s decision on the grounds the comments were made in furtherance of his clients’ legitimate interests, were limited in scope and occasion, and published only to proper persons. As such, they were considered privileged and protected under Georgia law. The trial court was accordingly ordered to consider on remand our client’s request for attorneys’ fees and litigation costs incurred throughout the defense of the appellant’s claims.
Parks K. Stone, Michael P. Manfredi and Eleanor G. Jolley
Heather Austin (Partner-Philadelphia, PA), Josh Bachrach (Partner-Philadelphia, PA) and Parks Stone (Partner-Atlanta, GA) obtained summary judgment in favor of our client carrier in an ERISA lawsuit pending in the U.S. District Court for the Northern District of Georgia. The plaintiff sought disability benefits shortly after she began working for the policyholder. But in the months before her coverage began, she was seen by doctors for fatigue, joint pain and swelling, muscle weakness, nausea, lung issues and stomach issues. A few months after she began working she was diagnosed with scleroderma and then stopped working. While scleroderma was responsible for all of the plaintiff’s symptoms, she argued that the policy’s preexisting conditions limitation did not apply to her claim because a diagnosis was not made until after she stopped working. Citing to an earlier Eleventh Circuit decision in which Wilson Elser represented the defendant, the court reached “the inescapable conclusion” that the client’s decision was reasonable and it was entitled to judgment in its favor.
Heather Austin, Joshua Bachrach and Parks K. Stone