John D. Hadden – Trial Lawyer

Trial & Appellate Lawyer at Penn Law, LLC | Author on Torts and Evidence

Appeals

EXPERIENCED APPELLATE COUNSEL

John Hadden has significant experience before the Georgia Supreme Court and Court of Appeals, as well as the federal United States Court of Appeals for the Eleventh Circuit, which covers Georgia, Florida, and Alabama. He has also successfully argued an appeal, after being specially admitted pro has vice, in the First District Court of Appeal of Florida. John has handled in excess of 100 cases on appeal.

All personal injury cases begin with the filing a lawsuit in a trial court, whether state or federal. If, due to a motion filed by one of the parties or a judgment in the case, the party losing the judgment or motion wishes to seek review of that decision, the case generally is appealed either to the Georgia Court of Appeals (if the case was originally filed in state court) or the United States Court of Appeals (if the case was originally filed in or removed (transferred) to federal court. A further appeal may be attempted to the Georgia Supreme Court or United States Supreme Court, although those courts rarely agree to hear appeals of personal injury cases, doing so only where an issue of great significance or importance is involved.

Because of his experience in the appellate courts, John Hadden is frequently retained by other lawyers to handle their cases on appeal. Although he occasionally handles business, real estate, and other appellate matters, most of his practice before the appeals courts involves personal injury or wrongful death cases, and he exclusively represents injured victims or the families of those killed through the negligence of someone. He has successfully obtained appellate reversals of trial court rulings against injured parties, as well as upheld judgments in favor of injury victims.

Additionally, John frequently submits briefs as amicus curiae (“friend of the court”) in support of one of the parties to the appeal. Appeals courts frequently look to these non-party amicus briefs for guidance on complex issues of law. John Hadden has been a member of the Amicus Curiae Committee of the Georgia Trial Lawyers Association since 2009, and was chair of the committee for 2017-2021. He also served on the Amicus Curiae Committee for the American Association for Justice

NOTABLE CASES

  • Morris v. Pope, Georgia Court of Appeals, — Ga. App. — (October 31, 2017) (reversing in part summary judgment against injured motorist who struck cow on road in rural Georgia)
  • Mike’s Furniture Barn v. Smith, Georgia Court of Appeals, 342 Ga. App. 558 (2017) (affirming trial court’s set-aside of wrongful foreclosure and grant of permanent injunction)
  • Camacho v. Nationwide Mutual Insurance Co. (amicus counsel), United States Court of Appeals for the 11th Circuit, 692 Fed.Appx. 985 (2017) (affirming district court’s ruling in favor of plaintiff in insurance bad-faith case)
  • Tolson v. Sistrunk, Georgia Court of Appeals, 332 Ga. App. 324 (2016) (reversing in part trial courts denial of summary judgment as to multiple counts of opponents complaint, and reinstating client’s counterclaims)
  • Altrus v. Turner, Georgia Court of Appeals case no. A15A1698 (2016) (obtained dismissal of defendant’s appeal from denial of summary judgment in wrongful death case)
  • Tolson v. Sistrunk, Georgia Court of Appeals, 332 Ga. App. 324 (2015) (reversing in part trial court’s ruling on attorneys’ lien claim)
  • Zaldivar v. Prickett (amicus counsel), Georgia Court of Appeals, 328 Ga. App. 359 (2014) (affirming trial court’s grant of summary judgment to plaintiff regarding apportionment of fault to plaintiff’s employer)
  • Wade v. Allstate Fire & Casualty Co., Georgia Court of Appeals, 324 Ga. App. 491 (2013) (reversed, in favor of injured driver, trial court’s grant of summary judgment to uninsured motorist insurance carrier)
  • Michelman v. Fairington Park Condominium Association, Inc., Georgia Court of Appeals, 322 Ga. App. 316 (2013) (discretionary appeal granted; reversed trial court’s award of attorneys’ fees to defendant)
  • Broadnax v. Daniel Custom Construction, Georgia Court of Appeals, 315 Ga. App. 291 (2012) (reversed, in favor of seriously-injured plaintiff, trial court’s grant of summary judgment against plaintiff based on negligent driver’s alleged non-employment)
  • MCG Health, Inc. v. Owners Insurance Co. (amicus counsel), Georgia Supreme Court, 288 Ga. 782 (2011)(affirmed Court of Appeals’ denial of hospital’s attempted collection of medical bill, via hospital lien, from military service member’s settlement proceeds rather than accepting payment through member’s federal TRICARE plan)
  • Pritchard Brothers, Inc. v. Houston, Georgia Court of Appeals case no. A11A1076 (August 2011) (Rule 36/unpublished decision; affirmed jury verdict in favor of injured plaintiff)
  • Scott v. Austell Healthcare, Georgia Court of Appeals, 308 Ga. App. 393 (2011) (affirmed trial court’s denial of Workers’ Compensation subrogation lien against plaintiff’s personal injury settlement)
  • City of Atlanta v. Lockett, Georgia Court of Appeals, 312 Ga. App. 19 (2011) (affirmed denial of motion to dismiss on sovereign immunity grounds in case involving client seriously injured as innocent bystander during police chase)

Note: Every case is different and must be considered on their own merits, and not all appeals are successful – statistically speaking, the appellate courts affirm most cases filed by parties. Not all case results are published here.