Hawkins Parnell Secures Award for Georgia Healthcare Facility in Frivolous Litigation
June 23, 2023 (Atlanta, GA) – Hawkins Parnell & Young partner Debra LeVorse obtained an award for attorney's fees for frivolous litigation on behalf of a long-term care facility that provides skilled nursing services. This victory is a rare decision in Georgia.
In the lawsuit, the plaintiff accused the facility of holding her grandmother against her will. Contrary to these allegations, the facility had been actively assisting in arranging for the resident’s transfer to another location and sending the necessary paperwork to numerous other facilities.
Debra sought to avoid escalation by communicating with opposing counsel numerous times, urging them to dismiss the meritless claims against Hawkins Parnell’s client. Despite being apprised of the facility's efforts to arrange the resident's transfer, the plaintiff refused to dismiss the lawsuit.
Given the plaintiff's continued pursuit of baseless claims, Debra filed a motion for attorney's fees as the most effective strategy for resolution. Following a hearing with live testimonies from both parties, the presiding judge ruled in favor of Hawkins Parnell's client and adopted Debra's draft order almost verbatim. The judge noted that the plaintiff's claims lacked justification as substantially groundless and vexatious. Notably, the award of attorney's fees and expenses was levied against both the plaintiff and her attorney.