Cruser

&

  Mitchell, LLP    Attorneys at Law           1-800-965-8001

Cruser & Mitchell, LLP is a different law firm.  We are dedicated problem solvers
treating our clients' legal needs as if we were spending our own money.

    
                                  

  • Robb Cruser, Bill Mitchell, Doug Sanchez, Nola Jackson, and Craig Terrett have again been selected for inclusion into Super Lawyers 2010.    Super Lawyers is an award where "[o]nly 5% of the total lawyers in Georgia are selected."  The lawyers selected are elected through a "rigorous election process" including verdicts, experience, honors/awards, outstanding achievements, etc.  This is the 4th time in so many years this honor has been given to Robb Cruser and Bill Mitchell.  Nola Jackson and Craig Terrett have been selected for the 3rd time.  
     

  • Rondiene E. Novitz, Esq. and Gary E. Dvoskin, Esq obtained another Defense Verdict in a case venued in Federal Court, Eastern District.  Plaintiff, a special education teacher, brought suit under Title VII claiming she was terminated from a Long Island School District as a result of her gender and pregnancy.  The Plaintiff had received positive evaluations the first two years of teaching at the District and then once she became pregnant she received a negative evaluation leading to her termination.  The School District denied knowledge of Plaintiff’s pregnancy at the time of her negative evaluation and stated her termination was based on her poor performance.  A defense verdict was reached in less than two (2) hours.
     

  • Rondiene E. Novitz and Gary E. Dvoskin obtained Dismissal for a Long Island School District and its Superintendent in The Federal Court, Eastern District in a case involving allegations under 42 1983, discrimination based on age, religion and gender, intentional tort, negligence, Fraud, breach of contract  and New York Executive Law § 296.  Plaintiff also sought punitive damages. Plaintiff’s Complaint asserted she was the district orchestra director of the School District and was wrongfully terminated rather than granted tenure.  Plaintiff asserts it was the sole decision of the Superintendent to deny her tenure despite her positive evaluations and observations from four different principals.  In a 18 page decision the Court dismissed the matter prior to the start of discovery.
     

  • Beth Gereg and Gary Dvoskin obtained Summary Judgment for a Long Island School District and its Superintendent in The Federal Court, Eastern District in a case involving allegations of discrimination based on Plaintiff’s gender, age and race in the form of disparate treatment and disparate impact, as well as retaliation pursuant to Title VII.  Plaintiff, a School Principal of the District’s Junior High School since 1993 alleged when the District and his Union entered into a 2006 Collective Bargaining Agreement (“CBA”), Plaintiff was treated less favorably than similarly situated employees on the basis of age, gender and race. Plaintiff, who received the smallest percentage pay raise of the 34 members under the agreement also claimed same was done in retaliation of a prior EEOC filing.  In a 23 page decision, all claims were dismissed. 

    Quick update: Plaintiff appealed to the 2nd Circuit Court of Appeal.  We successfully defeated his appeal, the Appellate Court affirmed the decision below.
     

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  • Nola Jackson and Robb Cruser obtained a defense verdict in a premises liability case pending in Fulton County State Court.  The Plaintiff was inside his apartment when 3 assailants kicked in his door and shot him in the mouth with an AK-47 at an apartment complex in Clarkston, Georgia.  Plaintiff demanded 2 million dollars during closing arguments as well as punitive damages.  The jury deliberated 2 1/2 hours before rendering a defense verdict.
     

  • Rondiene E. Novitz and Gary E. Dvoskin obtained a defense verdict in a Civil Rights action in the Federal Court, Eastern District.  Plaintiff, a 61 year old woman claimed violations of the Age Discrimination Employment Act (ADEA), Title VII gender discrimination, The Equal Protection Clause of the 14th Amendment and gender and age discrimination under New York State Law after Defendants School District and Superintendant failed to hire Plaintiff for a coaching position after a 31 year tenure at the District.  Plaintiff requested back pay, liquidated damages, punitive damages, emotional distress damages and over $165,000 in legal fees.  After a full two weeks of testimony, the jury deliberated for an hour and ten minutes before returning a verdict in favor of the Defendants.
     

  • Robb Cruser and Craig Terrett convinced the Georgia Court of Appeals to reverse a lower court's denial of their motion for summary judgment on a coverage issue.   On July 17, 2009, the Court of Appeals held that the underinsured motorist policy issued to the plaintiff's father did not provide coverage for plaintiff's catastrophic injuries sustained in a motorcycle accident.  The decision resulted in a savings to the client of its $100,000 insurance policy.  (See 2009 WL 2096270)
     

  • Recently, Pamela Paige obtained a medical review panel opinion favorable to a Southern Indiana Hospital on allegations that the Hospital failed to properly restrain an elderly  patient with dementia in a Geri chair.  While waiting to be discharged, the patient left the chair and fell, resulting in a hip fracture and six months later died from alleged complications. Arguing that the nurses regularly checked on the patient and followed protocol concerning restraints, the medical review panel agreed.  Plaintiff recently advised that the family would not pursue the matter in state court.  
     

  • On July 13, 2009, the United States Court of Appeals for the Third Circuit affirmed the grant of summary judgment in favor of a Princeton Police Officer in a civil rights case wherein Plaintiffs alleged that the Officer used excessive force in fatally shooting Plaintiffs’ Decedent who was armed with a knife.  Douglas Sanchez and Jacqueline Curko obtained summary judgment in the District Court of New Jersey, Trenton Vicinage, and the Court of Appeals upheld the District Court’s decision, finding that the Officer’s conduct was objectively reasonable and, thus, constitutional.  
     

  • On June 3, 2009, Bill Mitchell and Sean Keenan obtained summary judgment in U.S. District Court for a Georgia Sheriff and a deputy in a civil rights excessive force lawsuit.  Plaintiff claimed that during his arrest the deputy broke his neck requiring 2 surgeries.  Plaintiff further claimed that the sheriff did not have sufficient policies and training related to custodial arrests of psychologically impaired persons.  In ruling in favor of the deputy and sheriff, the court ruled that the deputy’s conduct was reasonable under the circumstances and that the sheriff had sufficient policies and training in this context.
     

  • Rondiene E. Novitz and Gary E. Dvoskin obtained a defense verdict in a motor vehicle accident case. Plaintiff, claimed catastrophic injuries including horizontal diplopia requiring several surgeries, dental injuries, headaches and herniated discs.  The total claimed medical damages were in excess of $200,000.  Our client, a limousine driver, struck plaintiff’s vehicle in the rear while it was disabled on the John F. Kennedy Expressway in Queens, New York.  Our client maintained Plaintiff did not have his hazards on at the time of the accident.  Plaintiff's demand was our full policy.  After 2 hours of deliberation, the jury returned a verdict in favor of our client finding he was not negligent for the accident. 
     

  • On March 24, 2009, Craig Terrett received a favorable verdict from a DeKalb County jury on behalf of a defendant who admitted negligence.  Jury only awarded $4,500 to the plaintiff who was seeking $10,159 in special damages, as well as pain and suffering.
     

  • On March, 23, 2009 Cruser & Mitchell successfully obtained in excess of 30,000 dollars in sanctions levied against plaintiff's counsel.  C&M has vigorously defended this Title VII lawsuit since 2005.  After appeals by plaintiff to the 11th Circuit and the U.S. Supreme Court, the Northern District of Georgia has sanctioned plaintiff's counsel individually for the pursuit of frivolous litigation.
     

  • On March 18, 2009, Robb Cruser was a speaker at the ICLE sponsored seminar entitled "Mediation Advocacy" at the State Bar of Georgia headquarters in Atlanta, Georgia.  Mr. Cruser's presentation was entitled "Minimizing Case Value:  Mediation Strategies and Hard Lessons Learned From the Defense Side of the Mediation Table."  The seminar was attended by attorneys, mediators, and members of the insurance community seeking continuing education.

     

  • Bill Mitchell and Michael Hoffer recently obtained dismissal of a federal civil rights action against a municipal client and individual police officers related to an alleged wrongful arrest.  The firm attempted to avoid costs of litigation by seeking an immediate dismissal from plaintiff.  Plaintiff refused resulting in the firm filing a dispositive motion and also seeking attorney fees.  The federal court dismissed the case and has also awarded attorney’s fees to the firm.
     

  • J. Robb Cruser and Craig Terrett obtained a defense verdict on a 3 year-old wrongful death pedestrian case.  Eriberta Mota brought a wrongful death action on behalf of her deceased child, Aldair Hernandez, and alleged that Defendant failed to maintain a proper lookout and failed to take any evasive action to keep from striking the Plaintiff.  Defendant admitted that she did not see the pedestrians prior to impact but argued that she was traveling within the speed limit, the roadway conditions were dark, and visibility was poor and that the pedestrians should not have been crossing at the location where the impact took place. In closing argument, David Naylor, Plaintiffs’ attorney, requested $2,000,000.00 from the Gwinnett County jury.  J. Robb Cruser, Defendant’s attorney, requested a defense verdict.  After a three day trial, the jury deliberated for approximately two and one-half hours before returning a defense verdict. 
     

  • Cruser & Mitchell, LLP has been given the honor of being named to The Bar Register of Preeminent Lawyers for 2008 by Martindale-Hubbell as related to Commercial Litigation and Civil Rights/Employment.  Martindale-Hubbell is the definitive guide to America's leading law firms and lawyers and this award is given only to the "most distinguished law practices" and which have achieved the "highest level of legal ability" while also denoting "'very high' adherence to the 'Professional Code of Responsibility in conduct, ethics, reliability and diligence."  This rating is the "result of structured peer review and is based upon the confidential opinions of practicing attorneys and members of the judiciary."
     

  • On March 17, 2009 Beth S. Gereg won Summary Judgment for a historic New York City Landmark Restaurant in a premises liability case pending in the Supreme Court of the State of New York, New York County.
     

  • Michael Hoffer has been named Vice-Chair of the Defense Research Institute’s Government Liability Annual Meeting Committee.  This is the institute for civil defense lawyers specializing in representing public entities and governments.
     

  • Robyn Webb has been named Secretary of the Georgia Municipal Association (GMA).  GMA is the association which represents and assists Georgia cities in a variety of legal matters.
     

  • Robb and Bill were recently featured in the Gwinnett Magazine for their achievements as lawyers and businessmen.
 
 

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