Nicholas J. Laybourn

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200 East Saint Julian Street
PO Box 9848
Savannah, GA 31412-0048

Tel 912.236.0261
Fax 912.236.4936

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Nick Laybourn is the head of HunterMaclean’s litigation practice group. He is an experienced trial and appellate lawyer who has successfully represented businesses and individuals in Georgia’s state and federal courts. Nick’s clients include local, regional, and national companies involved in disputes throughout the state of Georgia.

Nick has experience in a variety of litigation-based practice areas including personal injury defense, business litigation, real estate and construction litigation, trucking litigation, and toxic tort/products liability defense. Nick also routinely represents property owners in condemnation actions.

Nick serves as outside general counsel to several small and mid-sized corporations. In this role, he routinely provides risk management counsel to help clients avoid future litigation that may arise out of the day-to-day business decisions a company makes. Nick advises clients on a variety of transactional matters, proposed terms and conditions upon which a business may be bound in its operations, employment matters, as well as an array of other issues that arise in the course of doing business. Nick’s diverse litigation experience provides the background upon which he can assist the client in avoiding expensive and time-consuming litigation.

Nick is admitted to practice in the U.S. District Courts for the Southern and Middle Districts of Georgia, the Eleventh Circuit Court of Appeals, Georgia’s trial courts, the Georgia Court of Appeals, and the Georgia Supreme Court.

Nick graduated from Clemson University in 2001 with a B.S. in Marketing. In 2005, he earned his J.D. from Mercer University’s Walter F. George School of Law.

Experience

Practice Areas / Industries

Practice Areas

Industries

Representative Engagements

Representative Engagements

  • Lindley v. Federal Deposit Insurance Corporation, et al., 733 F.3d 1043 (11th Cir. 2013): On an issue of first impression, the Eleventh Circuit reversed the district court’s order dismissing non-FDIC defendants, holding that the district court maintains original jurisdiction over claims against non-FDIC defendants even if the FDIC is later dismissed from the case.
  • D.J. Powers Company, Inc. v. Peachtree Playthings, Inc., 348 Ga.App. 248 (2018): Obtained a reversal of trial court’s denial of motion for summary judgment on behalf of a customs broker in a commercial dispute.
  • Alford v. Ducloux, et al.: Obtained a defense verdict in a wrongful death medical malpractice action filed against two physicians.
  • Delettre v. Memorial Health University Medical Center: Obtained a defense ruling in a medical malpractice arbitration.
  • Coastal Retail Management, LLC v. K.C. Petroleum, Inc., et al.: Obtained a verdict of approximately 15% of the plaintiff’s final pre-trial demand on behalf of an underground storage tank installer. Plaintiff appealed the verdict and the Georgia Court of Appeals affirmed in an unreported decision.
  • McCumber v. Petroleum Services Group, LLC, 333 Ga.App. 459 (2015): Obtained summary judgment on behalf of an underground storage tank installer in a case alleging negligence and fraud against the installer. Summary judgment was affirmed on appeal to the Georgia Court of Appeals.
  • Uhlig v. Drayprop, Osborne v. Drayprop, Lokey v. Drayprop: Obtained summary judgment for real estate developer in a series of lawsuits filed by investors in a large condominium redevelopment. Summary judgment was affirmed on appeal to the Eleventh Circuit in all cases.
  • Croy v. Stafford: Obtained summary judgment on behalf of LLC member in dispute over ownership interest in the company. Summary judgment was affirmed by the Georgia Court of Appeals in an unreported decision.
  • Stafford v. Land Pros Southeast, LLC: Obtained summary judgment on behalf of real estate development company in a commercial dispute with former partner. Summary judgment was affirmed by the Georgia Court of Appeals in an unreported decision.
  • Obtained a dismissal of all claims against the owner of a former gas station property without payment to the plaintiff in a dispute involving leaking underground storage tanks.
  • Won a motion to dismiss all claims filed against a landscaping contractor in a commercial dispute.
  • Successful representation of aggregate supplier in numerous commercial collection actions.

Community Work

Community Work

  • The Savannah Golf Club: Board of Managers Executive Committee
  • America’s Second Harvest of Coastal Georgia: Board of Directors, Past Member
  • Hancock Day School: Board of Trustees, Past Chairman
  • Leadership Savannah: Class of 2013
  • Coastal Center for Developmental Services, Inc.: Board of Directors, Past Member
  • Executive Association of Savannah: Past Member

Credentials

Education

Education

Mercer University Walter F. George School of Law: J.D., 2005
Clemson University: B.S., Marketing, 2001

Affiliations

Affiliations

  • State Bar of Georgia
  • Georgia Defense Lawyers Association
  • Defense Research Institute
  • Savannah Bar Association

Recognition

Recognition

Best Lawyers in America: Construction Litigation, Commercial Litigation; 2021-2024
Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers.

Georgia Super Lawyers Rising Star: Business Litigation, 2010 & 2014-2018
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

Martindale-Hubbell: AV Rated
The Martindale-Hubbell® PEER REVIEW RATINGS™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada.

Licensed In

Licensed In

Georgia

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Presentations

Presentations

Strategies for Defending a Case Following a Spoliation Sanctions Order
Presented at GDLA – “Properly Handling Spoliation Issues” in Savannah, Georgia, on July 26, 2013.

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