L Joseph Loveland (Joe)

Partner
jloveland@kslaw.com
Phone: (404) 572-4783
Fax: (404) 572-5100

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Joe Loveland is a senior litigation partner in King & Spalding’s Atlanta office with more than 25 years of trial experience. A Fellow of the American College of Trial Lawyers, he is listed in the Best Lawyers in America, Chambers USA’s list of America’s Leading Lawyers for Business, Corporate Counsel Magazine’s list of the “Nation’s Top Business Litigators,” and a Top 100 Georgia Super Lawyer. A member of the bars of both Georgia and Texas, he has served as trial and appellate counsel on wide-ranging matters. Some of the more significant matters in which he has recently been involved include:

  • Lead counsel defending The Coca-Cola Company against whistleblower allegations of financial and accounting improprieties filed by a former employee in litigation in both state and federal court in Georgia. Mr. Loveland also coordinated the Company’s response to investigations into these activities by the Department of Justice and the SEC.


  • Lead counsel for Ernst & Young in securities litigation and accounting liability cases pending in federal court in Tennessee and Mississippi. The Tennessee action is a purported shareholder class action.


  • Coordinating counsel for WellCare Health Plans, Inc. and its subsidiaries in responding to the investigation of the Company by the United States Department of Justice and other state and federal agencies.


  • Lead counsel for NBC Universal in purported class action litigation in the Northern District of Georgia challenging whether certain promotional activities constitute illegal gambling under the laws of Georgia. The District Court dismissed all claims following a ruling by the Georgia Supreme Court on certified questions from the District Court. Mr. Loveland argued the case in both the District Court and the Georgia Supreme Court.


  • Lead counsel for various not-for-profit hospital systems in class action litigation in federal and state courts challenging pricing and collection policies of hospitals in Georgia and West Virginia.


  • Lead counsel for Fidelity & Guaranty Life Insurance Company in class action litigation pending in Hidalgo County, Texas alleging that tax-sheltered annuities were marketed in a manner that violated the statutory and common law of various states. After the trial court certified the class, Mr. Loveland successfully argued the appeal in the Texas Court of Appeals, resulting in a reversal of the class certification order.


  • Lead counsel for The Coca-Cola Company in litigation filed in both federal and state court by more than 50 independent bottlers challenging the right of the Company and Coca-Cola Enterprises to warehouse deliver certain products to major retailers, including Wal-Mart.


  • Lead counsel for Miller Brewing Company in federal court in Milwaukee in litigation against MolsonCoors and its affiliates seeking the right to terminate Miller’s Canadian License Agreement with Molson on the basis of breach of contract and antitrust claims in light of the merger of Molson and Coors.


  • Co-Lead counsel for Imperial Tobacco Co. in a state court action in San Francisco brought by the bankrupt estate of a former subsidiary challenging dividend payments in excess of $500 million as illegal dividends, fraudulent conveyance and seeking to establish alter ego status.

Mr. Loveland's trial experience includes:

  • Lead counsel for Texaco Inc. and Texaco Pipeline Inc. in a three-month toxic tort jury trial in Beaumont, Texas defending against claims of personal injury and property damages arising from a pipeline rupture and subsequent fire on the San Jacinto River. The jury returned a defense verdict on all claims. The case was selected by the National Law Journal as one of the major defense wins of the year.


  • Lead counsel for The Coca-Cola Company in a two-week jury trial in federal court in Atlanta asserting claims against its international apparel licensee for trademark infringement, breach of contract, breach of a loan agreement, and defending against counterclaims for breach of contract and fraud. The jury returned a verdict for The Coca-Cola Company on all claims.


  • Lead counsel for Donnie Cleveland Lance in a death penalty habeas corpus case in Georgia. Mr. Loveland led the King & Spalding team that represented Mr. Lance in the evidentiary trial on his habeas petition, which is pending.


  • Lead counsel for Ernst & Young in a month-long accountant liability jury trial in Gulfport, Mississippi in February, 2006. The jury allocated 75% of liability to settling defendants and 25% of liability to Ernst & Young. Mr. Loveland recently argued the appeal of the verdict in the Fifth Circuit.


  • Defending Banca Nazionale del Lavoro in a number of suits in state and federal courts arising out of $2 billion of unauthorized loans by the bank’s Atlanta branch to the government of Iraq.


  • Lead counsel for WellCare in defeating a motion for temporary injunction filed in 2007 by a group of dental providers challenging the decision to terminate the group’s participation in a dental provider network. After the motion for temporary injunction was defeated, the claims against WellCare were dismissed by the plaintiff.


  • Lead counsel in the defense of Columbia HCA and one of its hospitals in a three- week trial in federal court in Atlanta on claims of breach of contract and misappropriation of trade secrets involving computerized hospital information systems. The court found in favor of Columbia HCA on the trade secret claims and awarded minimal damages on the breach of contract claim.


  • Lead counsel for a group of United States and Netherlands Antilles corporations in two separate jury trials and appeals against corporate alter ego and fraudulent conveyance claims brought by a German construction company arising out of commercial transactions in Iran. The Georgia Supreme Court ultimately ordered that judgment be entered in the groups’ favor on all claims.


  • Lead counsel for Miller Brewing Company in distribution litigation in federal court in Tampa involving claims of antitrust violations, RICO, fraud and breach of contract, as well as claims by Miller of breach of contract and trademark infringement.

Mr. Loveland serves as head of the firm’s Professional Services Liability Practice and is a frequent speaker at professional meetings, including speaking on “Professionalism in Appellate Litigation in Georgia,” “Damages in Business Litigation in Georgia,” “Defeating Class Certification” at the 3rd Annual Class Action Summit, and “Class Actions Against The Insurance Industry” at the 4th Annual Class Action Summit.

Mr. Loveland graduated with highest honors from the University of North Carolina and received his law degree, cum laude, from Harvard Law School. He has served as Chair of the firm’s Litigation Department and has been elected to the firm’s Policy Committee on three occasions.

Mr. Loveland serves as a member of the Board of Directors of Georgia Appleseed and as a member of the Board of the National Institute of Trial Advocacy. He is Vice Chair of the American College of Trial Lawyers, Federal Rules of Civil Procedure Committee.


Education
J.D., cum laude
Harvard University

B.A., with highest honors
University of North Carolina


Admitted to Practice
Georgia
Texas
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Atlanta
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
Phone: (404) 572-4783

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