Harry W. MacDougald

My practice is concentrated in trust and estate litigation and business litigation from trial courts through appeals.

In recent years I have had several appellate cases in the trust and estate area as follows:

Davis v. Parris, 710 S.E.2d 757 (2011) (finding a joint and mutual will from 1980 also constituted a contract to make and not revoke a will)

Stewart v. Ray, 715 S.E.2d 79 (2011) (per stirpes clause in will required executor to make equal distributions to children of testator)

Estate of Price, 324 Ga.App. 681, 751 S.E.2d 487 (2013) (legal standard for ordering sale of real property by temporary administrator)

Estate of Hubert, 325 Ga.App. 276, 750 S.E.2d 511 (2013) (enforcement of settlement agreement in a complex estate dispute)

Smith v. SunTrust Bank, 325 Ga.App. 531, 754 S.E.2d 117 (2014) petition for certiorari pending (tolling of statute of limitations on claims against fiduciaries)

My business litigation cases have involved “business divorces,” breach of contract, fraud, and breach of fiduciary duty. Public and private accounting issues are sometimes presented.

My cases have covered a wide variety of topics. I’ve had numerous jury trials and approximately 40 appeals in state and federal courts on trust and estate, business, and local government cases.

I am co-counsel for Southeastern Legal Foundation (SLF) in a significant challenge to the EPA’s greenhouse gas endangerment finding and follow-on regulations that culminated in the Supreme Court decision in Southeastern Legal Foundation, et. al. v. Environmental Protection Agency, sub nom United Air Regulatory Group v. Environmental Protection Agency, U.S. Supreme Court, Case No. 12-1146, ___ U.S. ___, 134 S.Ct. 2427 (2014) I presented oral argument on science issues in that case when it was before D.C. Circuit Court of Appeals. I was the primary author of an amicus brief on climate science issues in American Electric Power Co., Inc. v. Connecticut, 564 U.S. ___ (2011) on behalf of the SLF and several scientists. These briefs can be found online at this location.

I’ve also filed amicus briefs on behalf of SLF in Utah v. Evans, 536 U.S. 452 (20020), (constitutionality of statistical sampling in the 2000 apportionment census); Johnson v. UGA, 263 F.3d 1234 (11th Cir. 2001); (constitutionality of affirmative action in college admissions), and Gratz v. Bollinger (6th Circuit) (constitutionality of affirmative action in law school admissions).