Terry Howell has extensive experience trying cases and arbitrations concerning business disputes, class actions, product liability, and insurance coverage. Terry is general counsel for the Georgia Retail Association and frequently counsels its members concerning the prevention and resolution of business disputes. He has spoken to bar groups on complex litigation and the use of technology in litigation.

BUSINESS LITIGATION

Terry has handled a broad range of business litigation, including cases concerning contractual disagreements, antitrust, restraining orders and equitable relief, regulatory proceedings, and employment matters. Examples of business disputes litigated by Terry are:

• Represented a tire retailer in obtaining a large recovery as the result of alleged Robinson-Patman Act violations.
• Counsel for the prevailing party in a large property tax assessment dispute.
• Represents a large retailer before the Georgia Public Service Commission alleging discriminatory pricing of electricity for older Georgia retailers.
• Counsel for a bottling company in opposing a temporary restraining order.
• Represents an insurer in a arbitration claim against a third party administrator.
• Successfully represented a retailer in an arbitration against its provider of credit insurance products.
• Tried to a defense verdict a lawsuit against his client in which a consultant sought to recover disputed savings under a lease agreement.

CLASS ACTIONS

Terry has been the lead counsel in class action litigation throughout the Southeast, particularly concerning consumer issues. For example, he was the lead counsel in the defense of three different furniture retailers in class actions alleging fraud, truth-in-lending, state credit disclosure and consumer protection violations filed against them in Alabama. Terry was able to negotiate creative resolutions of these cases. He is the co-editor of Class Notes, a newsletter concerning recent developments in class action law, and he has spoken to retail groups about class action matters, compliance with federal and state regulation, and the use of arbitration clauses.

PRODUCT LIABILITY

Terry has litigated product liability cases concerning automobiles, aircraft, trains, baggage handling systems, and cranes. He has been defense counsel in automobile crashworthiness cases involving allegations concerning seatbelts, seatbacks, windshields, airbags, and door latches. In particular, he was the lead trial counsel in two automobile crashworthiness cases that involved serious personal injuries in which he obtained defense verdicts for his clients.

Terry speaks frequently concerning Georgia product liability law and the admissibility of expert testimony in a product liability case.

INSURANCE COVERAGE

Terry has been the lead counsel in insurance coverage disputes concerning asbestos, pollution, chromated copper arsenate, hearing loss, and employment discrimination. These matters typically involve Terry working with a large group of defendant insurers concerning complex, multiple-year insurance coverage disputes.

REPORTED DECISIONS

• Fayette County Board of Tax Assessors v. Oddo, 583 S.E.2d 537 (Ga.App. 2003).
• Union Pacific R. Co. v. Certain Underwriters at Lloyd's London, 37 P.3d 524 (Colo.App. 2001).
• Illinois Central Railroad Co. v. Accident and Cas. Co. of Winterthur, 317 Ill.App.3d 737, 739 N.E.2d 1049, (1st Dist. 2000).
• Union Pacific R. Co. v. Equitas, Ltd., 987 P.2d 954 (Colo.App. 1999).
• W.S. Badcock Corporation v. Myers, 696 So.2d 776 (Fla.App. 1st Dist. 1996).
• Alexander v. General Motors, 267 Ga. 339, 478 S.E.2d 123 (1996).
• Atlanta Gas Light Co. v. Aetna Cas. and Sur. Co., 68 F.3d 409 (11th Cir. 1995).

PRO BONO WORK

Terry and his wife Paige are foster parents, and he is a frequent advocate concerning children's issues. He was appointed to the Senate Study Committee on Foster Case and Adoption by the Georgia Lieutenant Governor, and he was the primary author of the Committee's report, which led to the creation of the Office of Adoption and other significant reforms. Terry is a member of the Advisory Committee for the Barton Child Law and Policy Clinic at the Emory School of Law.

EDUCATION

University of Georgia, J.D., 1986, Order of the Coif; magna cum laude; notes editor, Law Review
University of Georgia, A.B., 1983, cum laude
Bar Admissions
Georgia, 1986

COURTS

Georgia Superior and State Courts, 1986
U.S. Court of Appeals (11th Circuit), 1991
U.S. District Court, N.D. Georgia, 1986
U.S. District Court, M.D. Georgia, 1995
Professional and Community Organizations
American Bar Association
Atlanta Bar Association
State Bar of Georgia