Zachary A. Kisber

Successfully defended financial institution against breach of contract claim stemming from allegations that the financial institution improperly paid checks from its customer's business account.  After filing motions for judgment on the pleadings and to strike the jury demand on behalf of the financial institution, the plaintiff voluntarily dismissed its case.

Prevailed on motion to dismiss FDCPA, FCRA, tortious interference, conversion and wrongful repossession claims in federal court on behalf of automobile finance company.

Obtained injunctive relief and negotiated court-sanctioned sale of unpaid for goods on behalf of international commodities dealer.

Filed deed reformation action and successfully reformed deed of trust on behalf of national financial institution.

Recovered funds on behalf of national mortgage company in eminent domain action.

Obtained multiple receivership appointments and conducted judicial foreclosures of large apartment complexes on behalf of national mortgage company.

Successfully defended numerous premises liability actions in state and federal court for national retailer.

Obtained judgments in state court on numerous commercial and consumer loan defaults for various financial institutions.

Obtained summary judgment in a declaratory judgment action in federal court involving judicial interpretation of a commercial lease on behalf of national distribution company.

Represented numerous railroads in federal district and appellate courts in tax litigation under Section 306 of the Railroad Revitalization and Regulatory Reform Act.

Defended numerous financial institutions and businesses in Telephone Consumer Protection Act cases in federal court.

Enforced forum selection clause appearing in website terms and conditions for online auction company.

Quashed subpoenas in state and federal courts.

Successfully defended employer in a union grievance proceeding before the Federal Mediation and Conciliation Service.

Won summary judgment for a commercial tenant in a federal court lawsuit against its landlord to allow early termination of its lease. The United States Court of Appeals for the Sixth Circuit affirmed the ruling, and the tenant saved approximately $2.7 million in lease payments over the life of the lease.

Prevailed as the plaintiff in a two-day bench trail in the U.S. District Court for the Northern District of Georgia on behalf of our client, a national investment management firm. Based on the evidence and arguments presented at trial, the court awarded our client compensatory damages for claims of breach of contract, fraud, and civil conspiracy, among others. The judge also held two corporate defendants personally liable and awarded punitive damages and attorneys’ fees to our client.