Representative Matters - Newby Law Group

Newby Law Group represents businesses, business owners, and other clients in complex disputes before state and federal courts. The matters below highlight the firm’s experience in commercial litigation, business ownership and fiduciary disputes, commercial real estate, employment litigation, trademark disputes, and professional liability defense. They reflect a range of outcomes, including appellate reversals, dismissals, injunctions, and enforcement of contractual rights.

SELECTED EXPERIENCE

Appellate Decisions

Selected decisions of the Georgia Court of Appeals reversing or vacating adverse lower-court judgments.

Business Licensing

Court of Appeals of Georgia · A25A1957 · March 3, 2026

Vacated Judgment Upholding Alcohol License Revocation

Girls Galore, Inc. v. City of Atlanta

NLG represented a business in an appeal involving the City of Atlanta’s revocation of its alcohol license. The Court of Appeals found that the administrative record did not adequately support the asserted prior violation used to enhance the penalty, vacated the superior court’s judgment, and remanded for further proceedings. The court did not set aside the finding of the underlying after-hours violation.

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Commercial Real Estate

Court of Appeals of Georgia · A23A1546 · March 4, 2024

Reversed $209,000 Judgment and Writ of Possession

CLS Entertainment, Inc. v. Kenkam, LLC

NLG represented a commercial tenant in an appeal arising from a settlement agreement governing a dispute over leased property. The Court of Appeals reversed a $209,000 rent judgment and writ of possession, concluding that the trial court had improperly imposed obligations inconsistent with the parties’ settlement agreement.

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Municipal & Business Litigation

Court of Appeals of Georgia · A23A0903 · September 20, 2023

Reversed Restrictions on Business Operations

400 Edgewood, LLC v. City of Atlanta

NLG represented a business and property owner challenging restrictions imposed through a municipal nuisance proceeding, including reduced operating hours and additional security measures. The Court of Appeals reversed, holding that the municipal court lacked authority to issue the injunctive relief ordered.

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SELECTED EXPERIENCE

Federal Court Results

Significant results in collective actions, trademark disputes, and federal employment litigation.

Federal Employment Litigation

U.S. District Court, Northern District of Georgia · 1:23-cv-05063-MLB · November 7, 2024

Obtained Dismissal of Federal Wage-and-Hour Lawsuit

Bell, et al. v. Pony Tail, Inc. d/b/a Club Onyx

NLG moved to dismiss a Fair Labor Standards Act action after the plaintiffs failed to effect proper service within the federal deadline and the court’s extension. The court found that plaintiffs had not established good cause and dismissed the action without prejudice, without deciding the merits of the wage claims.

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Trademark Litigation

U.S. District Court, Northern District of Georgia · 1:21-cv-01639-MHC · January 13, 2022

Successfully Opposed Preliminary Injunction in Trademark Dispute

RCI Hospitality Holdings, Inc. v. BA Holdings LLC and Ponytail, Inc.

NLG represented Atlanta-based businesses in a federal trademark dispute brought by a national hospitality company. The firm successfully opposed a motion for preliminary injunction seeking to restrict use of the Onyx name. The court determined that the plaintiff had not shown a substantial likelihood of success on its infringement claim, including insufficient evidence of likely consumer confusion. The litigation was subsequently resolved and dismissed, and Ponytail continues to operate under the Onyx name in Atlanta. The order linked below addresses the preliminary injunction, not the later resolution.

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FLSA Collective Action Defense

U.S. District Court, Northern District of Georgia · 1:14-cv-00390-RWS · March 3, 2017

Dismissal With Prejudice of Federal Wage-and-Hour Collective Action

Thompson, et al. v. 1715 Northside Drive, Inc.

NLG defended a business in a Fair Labor Standards Act collective action alleging minimum-wage and overtime violations involving a proposed group of at least 200 workers. Potential exposure was estimated during the litigation to be in the multimillion-dollar range; that estimate was not a finding or damages award by the court. Following plaintiffs’ repeated failures to comply with court orders and pretrial disclosure requirements, the district court granted the defense motion and dismissed the case with prejudice under Rule 41(b).

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SELECTED EXPERIENCE

State Court Results

Trial-court results involving business ownership, commercial property, contracts, and professional liability.

Professional Liability Defense

State Court of DeKalb County · 24A03832 · September 2, 2025

Dismissal With Prejudice of Significant Medical Malpractice Case

Hornes v. Shannon, et al.

NLG represented corporate defendants in a significant medical malpractice and personal injury lawsuit. After the court initially denied the defendants’ motion to dismiss, NLG successfully sought reconsideration. The court vacated its earlier ruling and dismissed the action with prejudice, finding that the plaintiff had not demonstrated diligent service before the limitations period expired and that the claims were subject to a binding arbitration agreement.

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Business Ownership, Control & Settlement Enforcement

Superior Court of Fulton County · 2023CV380464 · July 7, 2025

Enforced Settlement Securing Whatley’s Complete Control of the Business

Whatley v. Hendrixx Group, LLC, et al.

NLG represented Jamin Whatley and Hendrixx Bourbon and Cigar Bar, LLC in a contested dispute over ownership and management of a hospitality business. The representation culminated in a settlement under which Whatley obtained complete control of the business. When the opposing parties failed to comply with court orders and the settlement, NLG obtained an order striking their pleadings and a judgment enforcing the agreement. The court subsequently ruled that undisclosed business liabilities caused the opposing parties to forfeit a $120,000 settlement payment and awarded $31,680 in attorney’s fees and litigation expenses. The court orders enforced the settlement; they did not independently adjudicate ownership.

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Professional Liability & Arbitration

State Court of DeKalb County · 23A01610 · June 2024

Enforcement of Arbitration Agreement and Dismissal of Court Action

Evans v. Zemlyak and NYC Medical Practice, P.C.

NLG represented NYC Medical Practice, P.C., in litigation arising from medical services. The court dismissed the state court action with prejudice and directed that the underlying dispute proceed through binding arbitration. The order concerned the forum for resolution and did not adjudicate the merits of the claims.

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Commercial Real Estate Litigation

Superior Court of Fulton County · 2022CV362673 · April 13, 2022

Injunction Restoring Possession Following Wrongful Eviction

Metro Properties Acquisition Group, LLC v. MPR Holdings, LLC, et al.

NLG represented a commercial tenant whose landlord retook possession without a dispossessory proceeding or writ of possession. The superior court held the self-help eviction premature and illegal, ordered the landlord to restore possession and return the tenant’s property, and required payment of necessary costs to restore normal business operations.

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Partnership & Fiduciary Duty Litigation

Superior Court of Fulton County · 2021CV358056 · March 18, 2022

Injunction Protecting Business Ownership and Management Rights

Harris v. Slush Corporation, et al.

NLG represented business owners in a dispute concerning control of an Atlanta restaurant. The superior court granted a temporary injunction, preliminarily recognized equal one-third ownership interests, barred unilateral management decisions, restored access to business operations, and required extensive financial accounting and disclosure.

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Commercial Lease Litigation

Superior Court of Fulton County · 2020CV343594 · August 2, 2021

Defeated Landlord’s Summary Judgment and Possession Request

Spirited Gents Investments, Inc. v. Biltmore Technology Square, LLC

NLG represented a commercial tenant in a dispute about an additional five-year lease extension. The court denied the landlord’s motion for partial summary judgment and request for a writ of possession, finding genuine issues of material fact about the tenant’s claimed extension rights.

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About These Representative Matters

The matters described on this page are selected examples of the firm’s prior legal work. The results described were achieved under the particular facts, circumstances, and applicable law of each case. Prior results do not guarantee or predict a similar outcome in any future matter. Each legal matter is different, and its outcome depends on its individual circumstances.

Descriptions of court rulings reflect the procedural and substantive scope of those decisions. Where a matter was resolved by settlement, dismissal, or other agreement, the description should not be understood to imply findings or determinations the court did not make. Certain outcomes described separately from a linked order reflect subsequent developments, not findings contained in that order.