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Thomas J. Mihill

Attorney
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Phone: (404) 467-8611
 Fax: (404) 467-8609

3525 Piedmont Road, NE
Seven Piedmont Center, Suite 203
Atlanta, Georgia 30305

Mr. Mihill litigates a wide range of business disputes, emphasizing complex property and intellectual property disputes, construction, contracts, and real estate. Mr. Mihill is a licensed Georgia Neutral / Mediator, has mediated over 150 cases with represented and pro se parties and was voted a 2009 Rising Superlawyer.

Mr. Mihill represents property owners, contractors, and subcontractors in construction disputes, including filing, perfecting, and defending against mechanic's and materialman's liens. Mr. Mihill has brought and defended against defective construction claims, including all necessary compliance with the Georgia Right to Repair Act.

Mr. Mihill also works extensively in the area of property law, with experience in premises liability actions, commercial and residential landlord/tenant disputes, nuisance claims, and easement issues.

Mr. Mihill has represented and counseled corporations and individuals in copyright and trademark registration. Mr. Mihill has brought and defended against violations of trade secrets, copyright and trademark infringement claims, and cybersquatting actions, and has been involved in patent and anti-trust litigation. Mr. Mihill has represented game design companies, authors, artists, and musicians in infringement actions in state and federal courts. Mr. Mihill has also represented musicians and artists in licensing and royalty disputes. Mr. Mihill is active in the electronic entertainment field, and has spoken and written on legal issues concerning video games, virtual worlds, and social networking sites.

Business litigation issues that Mr. Mihill handles include:

  • Enforcing or defending against restrictive covenants
  • Insurance coverage disputes
  • Nuisance actions
  • Professional liability claims
  • Racketeer Influenced and Corrupt Organizations (RICO) actions
  • Shareholder disputes
  • Breach of contract, fraud, and tort actions

Mr. Mihill has tried cases and represented clients in arbitration and mediation in Georgia state courts and federal courts nationwide.

Mr. Mihill graduated Magna Cum Laude from Georgia State University College of Law. While attending law school, he served as Student Writing Associate Editor of the Georgia State Law Review. Mr. Mihill also holds a Master's degree in English Literature and taught English and Composition courses at the college level.

Education

J.D., Georgia State University College of Law
Honors: Magna Cum Laude
Student Writing Associate Editor, Georgia State Law Review

Jurisdictions Admitted to Practice

American Bar Association
Federal Bar Association
State Bar of Georgia
Atlanta Bar Association
Cobb County Bar Association

Recent Cases

  • In CCP hf and CCP North America, Inc. v. World Wrestling Entertainment, Inc., U.S. District Court for the Northern District of Georgia, Mr. Mihill drafted a successful motion for reconsideration on behalf of the plaintiffs after the Court erroneously dismissed their trademark claims.

  • In Urim Corporation v. Steven L. Krongold and Mark T. Palin, U.S. District Court for the Northern District of Georgia, Mr. Mihill assisted in the representation of the plaintiff in a legal malpractice case, including obtaining a reversal of summary judgment against the plaintiff at the Eleventh Circuit Court of Appeals (in an unpublished decision, 2008 WL 2415527), which allowed the case to move forward and ultimately settle.

  • In Rebel's Pantry, Inc., Wayne L. Lawrence v. The Right Stuff Food Stores, Inc., v. Noble Petroleum Transport, LLC, State Court of Fulton County, Mr. Mihill was the primary attorney responsible for obtaining summary judgment for the plaintiffs on liability in a commercial lease dispute, including presenting the motion at oral argument. Mr. Mihill was also the primary trial attorney at the bench trial on damages, giving the opening and closing statement and examining and cross-examining all witnesses. The plaintiffs obtained a substantial verdict in their favor, including attorney's fees.

  • In Carson-Hall, Inc. v. James B. Gandy and Annette Davis, Superior Court of Douglas County, Mr. Mihill assisted in the representation of the defendants/counterclaimants in a case involving breach of contract and defective construction of a large home. The case culminated in a 10-day trial before an auditor, during which Mr. Mihill examined and cross-examined many witnesses, including the expert witnesses for both parties.

  • In Douglas Asphalt Company, Joel H. Spivey, and Kyle Spivey v. Qore, Inc., et al., U.S. District Court for the Southern District of Georgia, Brunswick Division, Mr. Mihill was instrumental in obtaining a judgment on the pleadings for numerous individuals working for the Georgia DOT on RICO claims brought by a paving contractor.

  • In Mary Wojcik, et al. v. Windmill Lake Apartments, et al., State Court of Cobb County, Mr. Mihill assisted in the representation of an apartment complex against a premises liability action brought on behalf of a pizza delivery driver robbed and murdered at the complex. Mr. Mihill was instrumental in obtaining a complete summary judgment on behalf of the defendant complex, and in having that summary judgment upheld on appeal. The case is reported at Wojcik v. Windmill Lake Apartments, Inc., 284 Ga. App. 766, 645 S.E.2d 1.

Pro Bono and Volunteer Work

Mr. Mihill is also involved with the non-profit organization Georgia Lawyers for the Arts. This organization offers low-cost and pro bono legal referrals and services to Georgia artists. Mr. Mihill produced and directed GLA's monthly television program, The Artist's Advocate.