Attorneys

Experience

Nick Laybourn is the head of HunterMaclean’s specialty 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 is a variety of litigation-based practice areas including personal injury defense, business litigation, real estate and construction litigation, underground storage tank disputes, trucking litigation, toxic tort/products liability and medical malpractice defense. Nick routinely represents property owners in condemnation actions. Nick has successfully represented businesses and property owners in disputes involving leaking underground storage tanks and has experience representing marine insurers and their insureds in personal injury actions. Nick also has experience defending product manufacturers in toxic tort litigation.

Nick also serves as outside general counsel to several small and mid-sized corporations. In this role, Nick 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 regularly assesses clients’ risk in 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 Nick 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.

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.
  • 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.
  • 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.
  • 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.

Recognition

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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.

Publications & Presentations

Publications

Business Insurance Coverage in the Wake of Hurricane Matthew

As a business owner, keeping your doors open to customers is essential to your operations. Closures equate to lost business. If you had an interruption to your operation during hurricane Matthew, you may have insurance that is designed to protect you in this very circumstance.

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Business Owners: What’s in the Terms and Conditions You Give to Your Customers?

HunterMaclean attorney Nick Laybourn discusses the importance of reviewing your terms and conditions in this article for Business in Savannah.

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The Power and Pitfalls of Indemnity Clauses in Contracts

Indemnity clauses in contracts are often left with boilerplate language, creating unexpected exposure to liability. Attorney Nick Laybourn discusses the importance of a properly drafted indemnity clause in this article for Business in Savannah.

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Commercial Property Owners: Be Aware of Potential Environmental Liability

As government regulators have enacted increasingly stringent environmental regulations, commercial real estate owners are finding themselves vulnerable to greater environmental liability and related financial loss. It is important that business owners take a proactive approach to risk analysis and risk control when it comes to environmental concerns.

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Georgia’s Physician Shield Law, the Affordable Care Act and Medical Malpractice Liability

HunterMaclean Partner Nick Laybourn explores the potential impact of the new Affordable Care Act on medical malpractice in Georgia.

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Mediation Can Serve as a Smart Alternative to Litigation

By Nicholas J. Laybourn, published on May 30, 2012, in Business in Savannah.

When business owners are faced with a major legal dispute, mediation can serve as a viable alternative to litigation.

The mediation process allows the participants, with the assistance of neutral parties, to systematically isolate disputed issues to develop alternative options and reach a consensual settlement accommodating each party’s needs. This type of arrangement emphasizes the participants’ independent responsibility for making decisions. Mediation therefore becomes a self-empowering process for all parties involved.

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How to Avoid Business Partnership Disputes

By Nicholas J. Laybourn, published on February 23, 2011, in Business in Savannah.

There is much to be said about forging a business partnership. After all, two heads are usually better than one. However, business partnerships can highlight differences in personalities, goals and management styles and increase the chance for partnership disputes.

Entering into a business partnership in 2011? Rule number one: never enter into a business partnership without first securing a comprehensive partnership agreement or contract suitable to both parties. The process of planning for each situation is an enlightening process for partners and fundamental to a lasting partnership. This agreement also helps avoid costly court battles down the road, which could ultimately need to be sorted out by a judge.

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Liability for Legacy Equipment

By Nicholas J. Laybourn, published on January 15, 2011, in 2009 and 2011 ALFA International Compendium of Product Liability Law Issues.

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Liability of Component Part Manufacturers

By Nicholas J. Laybourn, published on January 15, 2011, in 2009 and 2011 ALFA International Compendium of Product Liability Law Issues.

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Admissibility of Plaintiff Expert Testimony

By Nicholas J. Laybourn, published on January 15, 2011, in 2009 and 2011 ALFA International Compendium of Product Liability Law Issues.

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Manufacturer Indemnification of Non-Manufacturing Seller

By Nicholas J. Laybourn, published on January 15, 2009, in 2009 ALFA International Compendium of Product Liability Law Issues.

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Presentations

Fit Test Your Business

How fit is your business? This PowerPoint provides overview information on four important aspects of your business’s legal “fitness”: business structure, employment, agreements and contracts, and business succession.

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Strategies for Defending a Case Following a Spoliation Sanctions Order

Presented at GDLA – “Properly Handling Spoliation Issues” in Savannah, Georgia on July 26, 2013 by Nicholas J. Laybourn.

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News

Eighteen HunterMaclean Attorneys Recognized as 2018 Super Lawyers and Rising Stars

HunterMaclean was recently honored with the selection of thirteen HunterMaclean attorneys as 2018 Georgia Super Lawyers and five attorneys as 2018 Rising Stars.

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Thirteen HunterMaclean Attorneys Recognized as 2017 Super Lawyers and Rising Stars

HunterMaclean was recently honored with the selection of eight HunterMaclean attorneys as 2017 Georgia Super Lawyers and five attorneys as 2017 Rising Stars. Attorneys are selected based upon peer review, professional achievements, and independent research.

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