Spagnoletti, Francis I

Patrick D. Jaugstetter is a partner in the law firm of Power ▪ Jaugstetter. Patrick joined the firm in 2008 after serving as County Attorney in Henry County, Georgia for five years (2003-2008). Prior to serving as County Attorney, Patrick was General Counsel at Killearn, Inc., a regional resort development company (1999-2003) and a partner in the law firm of Smith, Welch and Brittain (1993-1999).

Patrick has been practicing law since 1993 and is licensed to practice law in the Georgia Supreme Court, the Georgia Court of Appeals, all State and Superior Courts in Georgia, the United States District Court for the Northern District of Georgia and the United States Court of Appeals for the 11th Circuit.

Patrick's practice focuses primarily on commercial and business litigation and eminent domain litigation. In recent years, Patrick has represented a number of governmental entities, businesses and individuals in a wide variety of disputed matters. Most recently, Patrick has successfully defended business owners against fraud claims, defended against a class action suit alleging violations of the Telephone Consumer Protection Act of 1991, represented property owners in property tax appeals and represented individuals and businesses in various contract claims.

In addition to his litigation practice, Patrick has represented buyers, sellers and lenders in hundreds of complex real estate transactions, drafted Restrictive Covenants, assisted in the creation of condominiums under the Georgia Condominium Act, served as Qualified Intermediary in 1031 Exchanges.

Patrick is also a Registered Mediator and is frequently called upon by courts, litigants and their counsel to mediate claims and assist parties in resolving their disputes.

Patrick is a graduate of the University of Georgia (Bachelor of Arts in Economics, 1988) and the Georgia State University College of Law (Juris Doctor, 1993).

Recent Results:

Power ▪ Jaugstetter gets Franchisee released from Non-Compete Covenant contained in Franchise Agreement.

After 8 months of litigation in DeKalb and Henry Counties, partner Patrick Jaugstetter was able to gain a Franchisee's release from the Non-Compete Covenants in the Franchise Agreement. After meeting with their client, Patrick filed suit against the Franchisor asking the Court to declare void a non-compete clause in the Franchise Agreement. After eight months of litigation, the Franchisor relented and released the Franchisee from the covenant. The non-compete covenant, if enforced, would have prevented the franchisee from doing business.

Power ▪ Jaugstetter obtains favorable settlement in Telephone Consumer Protection Act class action.

Patrick Jaugstetter recently obtained a favorable settlement on behalf of a client subjected to a class action claim for violation of the Telephone Consumer Protection Act. The claim against the client alleged that the client sent Ajunk faxes in violation of the TCPA. The Client faced statutory damages in excess $2,500,000; after defending the allegations, the claim was settled in a manner that resulted in a cash payment by the firm's client of less than $250,000

Power ▪ Jaugstetter obtains defense verdict in claim for fraud in Federal Court.

In June, 2010, Patrick Jaugstetter, with the assistance of associate Lauren Thompson, obtained a defense verdict in the United States District Court for the Northern District of Georgia in favor of client sued for fraud arising from breach of a Factoring Agreement. The claim alleged that the client, a business owner, engaged in fraudulent conduct in the execution and performance of the Agreement; the Plaintiff sought damages in excess of $1,500,000. The case was tried before a Federal Judge who found in favor of Mr. Jaugstetter's client on all claims alleging fraud.

Power ▪ Jaugstetter obtains directed verdict in favor of client facing claims for fraud.

After three days of trial before a jury in the Superior Court of Henry County, Georgia, Patrick Jaugstetter obtained a directed verdict in favor of a shareholder in a business that was sued for fraud by a vendor. The Plaintiff sought damages in excess of $150,000 from the business owner. At the conclusion of the Plaintiff's case, Mr. Jaugstetter asked the Court to grant a verdict in favor of his client; the Court agreed with Mr. Jaugstetter and entered judgment releasing the business owner from any liability. Mr. Jaugstetter is currently pursuing a claim against the Plaintiff and the Plaintiff's attorney for the recovery of the attorney fees expended by his client in defense of the claims.

Power ▪ Jaugstetter defends against multiple foreclosure confirmation petitions.

During the first half of 2010, Patrick Jaugstetter has successfully represented multiple property owners against lenders seeking to confirm foreclosure sales. The successful defense of these actions has relieved Patrick's clients of facing lawsuits seeking millions of dollars in judgments.

Power ▪ Jaugstetter successfully defends suit seeking title to clients property.

In early 2010, Warren Power and Patrick Jaugstetter represented a client in trial before a jury in Henry County, Georgia. At trial, the Plaintiff claimed title to property owned by the firm's client. The trial lasted 4 days; after 3 hours of deliberations, the jury returned a verdict in favor of the firm's clients on all claims asserted by the Plaintiff and awarded the firm’s clients over $15,000 in attorney fees.