Harry MacDougald

Background

About Harry MacDougald

My practice is concentrated in trust and estate litigation and business litigation. My cases have covered a wide variety of topics. I’ve had numerous jury trials and approximately 40-50 appeals in state and federal courts. My recent reported trust and estate cases are Smith v. Suntrust Bank 325 Ga.App. 531 (2014)(statute of limitations tolled by trustees’ fraudulent concealment of self-dealing sham transaction); In re Estate of Hubert, 325 Ga.App. 276 (2013)(obtained reversal of order that improperly interpreted settlement agreement in complex estate dispute); In re Estate of Price, Court 324 Ga.App. 681 (2013)(obtained reversal of Probate Court order that applied wrong standard in allowing temporary administrator to sell estate property). Less recent are Davis v. Parris, 710 S.E.2d 757 (2011)(joint and mutual will from 1980 was a contract to make a will); Stewart v. Ray, 289 Ga. 679 (2011);(per stirpes clause required equal distributions to children of testator); and Morrison v. Morrison, 663 S.E.2d 714 (2008)(reversal of summary judgment on of breach of fiduciary duty claim). My business litigation cases have involved “business divorces,” breach of contract, fraud, and breach of fiduciary duty. Accounting issues are often presented. I was co-counsel for Southeastern Legal Foundation (SLF) in a challenge to the EPA’s greenhouse gas endangerment finding and follow-on regulations. In the D.C. Circuit it was C.R.R, et al, v. EPA, 684 F.3d 102 (D.C. Cir. I presented oral argument on the science issues to the D.C. Circuit. We mostly lost in that Court. On appeal to the Supreme Court in U.A.R.G. v. E.P.A, 134 S.Ct. 2427 (2014), we won in significant part on separation of powers and statutory construction issues. I was also co-author of an amicus brief on climate science issues in American Electric Power Co, Inc. v. Connecticut, 131 S.Ct. 2527 (2011) on behalf of the SLF and several scientists.