Gipson Family, LLLP - AGG Retained to Provide a Defense

Challenge

Gipson Family, LLLP leased an office-industrial property in Atlanta to a high-tech tenant. The tenant brought a lawsuit against Gipson Family in which it claimed to have suffered more than several million dollars in damages due to a leaking roof and other disputed repair issues. AGG was retained to provide a defense.

Approach

During the course of discovery, AGG established that the tenant engaged in abusive efforts to conceal and obstruct document production and other discovery. Consequently, all of the tenant’s claims were defeated by means of discovery motions prior to trial. To encourage settlement, Gipson Family asserted a counterclaim related to rent relief given earlier during the tenancy and sought prevailing-party attorney’s fees.

Result

After obtaining rulings related to discovery violations by its former tenant that led to the dismissal with prejudice of more than $2 million in alleged damages claims, AGG client Gipson Family, LLLP favorably settled the lawsuit just days before the trial of its counterclaim. The client recovered $350,000 in damages and attorney’s fees under the prevailing-party provision in the lease.