VOTE FOR US- BEST OF COBB 2019

O’Dell & O’Neal Attorneys has been nominated in seven different categories for Best of Cobb 2019.

Justin O’Dell- Civil Attorney
O’Dell & O’Neal- Corporate Attorneys
Justin O’Dell- Family Attorney
Justin O’Dell- Individual Attorney
Leslie O’Neal- Individual Attorney
Leslee Hungerford- Estate Attorney
Justin O’Dell- Overall Attorney
Leslie O’Neal- Overall Attorney
O’Dell & O’Neal- Overall Law Firm

Voting has started and will continue through January 25th.

Please take a minute (if you are willing) to vote for us. Below is the procedure to vote if you are not already signed up.

FROM MDJONLINE BEST OF COBB LOGO:

  • https://www.mdjonline.com/
  • Click on Best of Cobb Logo
  • Select Services
  • Once you’ve started voting, you will be prompted to enter an email address, name, and zip code. Enter email address and register (first name, last name, zip code) if this is your first time voting or only enter your email address if you are a previous voter.
  • Continue voting.

WHEN VOTING WITH MULTIPLE EMAIL ADDRESSES:

  • After voting from your 1st email address using the directions above you will need to log out of Best of Cobb 2019. To log out, look under the Best of Cobb 2019 logo in the navy blue box and you should see your initially registered email address.  There is a drop down menu to select log out.  Log out of Best of Cobb 2019.
  • Begin the voting process again as an unregistered user and you will prompted again to enter an email address to register. Enter next email address.
  • Continue voting
  • Vote EVERYDAY!

Thank you for your support.

                                                                               

“Backing Down: Blurred Lines in the Standards for Analysis of Substantial Similarity in Copyright Infringement for Musical Works” by Nick Booth

Our attorney, Nick Booth’s Journal Note was recently published in the UGA School of Law Journal of Intellectual Property Law. His note opposes the settlement made that Pharrell and Robin Thicke must pay Marvin Gaye’s family $5M over ‘Blurred Lines’. See below for links to his Journal Note and an AJC article explaining the lawsuit.

 

https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1403&context=jipl&fbclid=IwAR0M8epGF_PtXS7UIku65_z_3o9eC1felSkSPyIgX2n2BfO5M09gtHnD2pk

https://www.ajc.com/entertainment/pharrell-and-robin-thicke-must-pay-marvin-gaye-family-over-blurred-lines/Du6pDYY9B75xWDubDPHj1H/?fbclid=IwAR1A2AbMHkbx8795Ek7nYbYKyR2gThpli0gAti16v1YaSDEESqlTqtJ4QTM

Nominated for SEVEN Different Categorizes

Thank you to all who nominated us for Best of Cobb!

We are nominated for SEVEN different categories!! Voting starts 12/30.

Justin O’Dell- Civil Attorney
O’Dell & O’Neal- Corporate Attorneys
Justin O’Dell- Family Attorney
Justin O’Dell- Individual Attorney
Leslie O’Neal- Individual Attorney
Leslee Hungerford- Estate Attorney
Justin O’Dell- Overall Attorney
Leslie O’Neal- Overall Attorney
O’Dell & O’Neal- Overall Law Firm

https://www.mdjonline.com/cobblife/bestof/?fbclid=IwAR2Us0f5leRBdwk3PeZc1hFNY8gEykKnY80Rh6XBfqWvQuzzhAb8MOwBQv0#/gallery?group=289282

Another Year, Another Cobb Diaper Day Success

The Barbara Hickey Cobb Children’s Fund Cobb Diaper Day Celebration exceeded their goal of diaper collections with over 115,000 diapers. Amazing! Pictured to the left is our attorney, Justin O’Dell bringing O’Dell & O’Neal’s diaper donations for 2018.

Proud Sponsor of Justice Jam’s Scary-oke 2018

Proud to have sponsored Justice Jam’s Scary-oke this year. The event benefits Cobb Legal Aid, who provide free legal services and education to low-income residents with civil legal matters. Pictured to the left are our attorneys, Justin O’Dell & Alyssa Blanchard.

“SHARE THE ROAD! Drivers and Cyclists Must Work Together to Stay Safe” by Nick Booth
On Tuesday, October 9, 2018, WSB-TV Atlanta released astonishing video footage showing an alleged road rage incident in Cobb County where a driver pulled in front of a cyclist on the road and then abruptly “brake checked” him, causing the cyclist to forcibly crash into the back of the driver’s truck, breaking his neck and sustaining serious injuries. The driver then fled the scene, leaving the cyclist unconscious in the road.
Such incidents involving negligence and road rage committed by drivers against cyclists are all too common, though they are preventable. New concepts of urban planning involving the implementation of experimental infrastructure like roundabouts and partitioned bike lines have shown great promise in their ability to reduce traffic congestion and make travel safer for vehicles and pedestrians alike. In fact, many cities throughout Georgia have embraced the presence of bicycles as a means to solve such problems as well as to provide a boon to local businesses. However, there are still many places in the state which are not so accommodating to cyclists. While Georgia may not boast the infrastructure of a town like Copenhagen along all of its roads, bikers in Georgia still have been accorded clearly defined legal rights, and such rights must be acknowledged and respected by drivers on the road.
In Georgia, like in most states, a bicycle is legally considered a vehicle. This means that, except for persons ages 12 years or younger, bicycles are not allowed to be ridden on a sidewalk, and cyclists must share the roadway with automobiles. Georgia has laws in place which specifically address how cyclists and drivers are supposed to behave on the road together. For instance, when overtaking and passing a bicycle, drivers are to leave a “safe distance,” defined as not less than three feet, between them and the bicycle when feasible. (Footnote for drivers: if passing a bicycle while maintaining a safe distance is not feasible, it is likely best to be patient and maintain the cyclist’s pace until it becomes so.)
Moreover, the Georgia legislature has passed laws which address instances of road rage and criminalizes aggressive and/or reckless driving. In the case of the driver in the WSB video, his conduct could potentially subject him to liability for these offenses, and afford the cyclist with a cause of action against him for battery, pain and suffering, and a host of other counts.
It is important for both drivers and cyclists alike to know their rights, and to be cautious while out on the roads. Cyclists should wear a helmet on the road at all times, equip their bikes with proper lighting and reflective tape, and, if possible, keep a camera with you so that you can keep documentation of everything, like the cyclist in this case did. But most importantly, cyclists and drivers alike should remember to constantly be vigilant of their surroundings, be courteous to others, and share the road!
“I’m Named As The Executor In A Will But I Do Not Want To Serve” by Leslee Hungerford

Administering the estate of a loved one can be a daunting and time-consuming task. Additionally, acting as Executor of an estate subjects the individual serving to various duties and liabilities. If you have been named as the executor in a last will and testament you are not automatically required to serve or even probate the estate. However, it is important to note that if you are in possession of the Last Will and Testament, you are required to file the will with the probate court of proper jurisdiction. (See, O.C.G.A. §53-5-5 – “A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction.”) If the Last Will and Testament is offered for probate (either in solemn form or common form) and you are the named Executor, you may file a renunciation of your right to serve as the Executor. The renunciation must be in writing, state your intent to renounce your right to serve, and be notarized. To learn more about the probate process and your rights as the named Executor, please contact O’Dell & O’Neal.

O’Dell & O’Neal’s own Justin O’Dell presents oral argument before the US Federal Court of Appeals for the Eleventh Circuit

Justin O’Dell appeared before the Federal 11th Circuit Court of Appeals on October 4, 2008 for an oral argument in the matter of Antonio Duscio, et al v. Al Hill, et al, United States Court of Appeals for the Eleventh Circuit, Case No. 17-13651-F. O’Dell & O’Neal is currently representing investors who have been defrauded in a Ponzi scheme related to the sale of life settlement policies and securities.

The appeal stems from an Order of the District Court approving the Receiver’s Motion to Approve Claims Process and Plan of Distribution by the United States District Court for the Northern District of Georgia. The Order approving the claims process and distribution plan was entered in a receivership proceeding ancillary to a Securities and Exchange Commission (“SEC”) action brought against Defendants for matters involving fraud and investment schemes, including Defendants’ business of selling interests in specific life insurance policies. Our clients are investor/victims in that scheme and claimants to the fund. The distribution plan sets forth a plan for the final distribution of Receivership assets, including the determination of investors alleged fictitious profits and proposal for the sale and assignment of certain life insurance policies owned by the investors. The determination of the ownership of our clients’ and other Direct Investor’s property rights and the decision that our clients and other investors would be required to pay back certain “fictitious payments” or be required to turn over their policy was made prior to any notice or opportunity to be heard and present meritorious defenses. The appeals centers around the lack of due process provided to our clients and other investors and their ability to have their claims heard.
To listen to Justin O’Dell’s oral argument, click here.