Stephen V. Kern

Steve was born and grew up in the Boston area. He attended Clark University in Worcester, Massachusetts where he was a member of Phi Beta Kappa and graduated with high honors. He graduated in 1981 from Duke University School of Law. Steve handles a myriad of business litigation matters involving real estate, commercial leases, creditor rights, business torts, restrictive covenants, construction disputes, contract disputes and probate matters. He also represents policy holders in insurance coverage disputes, including commercial general liability insurance, E&O coverage issues and disability insurance. He has been appointed in several cases to serve as a guardian ad litem through the Atlanta Volunteer Lawyer Foundation to represent the best interests of children in custody disputes.

In his leisure time, Steve enjoys the mountains of western North Carolina, tennis, attending various sporting events, fine dining and travel.

Representative Published Cases

• Reynolds v. JPMorgan Chase Bank, N.A., 2014 WL 132248 (M.D. Ga. 2014) (granting motion to dismiss action for wrongful foreclosure)
• Diaz v. JPMorgan Chase Bank, N.A., 2014 WL 750480 (N.D. Ga. 2013) (granting motion for summary judgment on wrongful foreclosure claim)
• Lynn v. Wade Stuart Family Enterprises, 3 So. 3d 866 (Ala. Civ. App. 2008) (affirming summary judgment voiding contract for sale of land)
• Atlantic Title Ins. Co. v. Aegis Funding Corp., 287 Ga. App. 392 (2007) (affirming summary judgment against title insurer and establishing precedent for applying statutory bad faith penalty)
• Nodvin v. Arogeti, 277 Ga. 602, 592 S.E.2d 846 (2004)(unanimous Supreme Court affirmation of grant of summary judgment dismissing caveat in will contest)
• New Atlanta Ear Nose and Throat v. Pratt, 253 Ga.App. 681 (2002)(affirming summary judgment invalidating restrictive covenants)
• In re Smith, 249 B.R. 328 (2000)(bankruptcy court ruling in favor of commercial landlord client and establishing precedent for recovery of damages under bankruptcy law)
• McMillan v. Siver, 233 Ga.App. 350 (1998)(affirming judgment for client in malicious prosecution action)
• NUCOR Corp. v. Meyers, 211 Ga.App. 787 (1994)(establishing standards of proof for service of process)
• Evergreen Properties v. Stafford, 190 Ga. App. 659 (1989)(obtained reversal of a judgment in landlord/tenant matter)
• Seymour v. Vaughan, 181 Ga. App. 604 (1987)(insurance coverage issues)
• Murphy v. D'Youville Condominium, 175 Ga. App. 156 (1985)(affirmed summary judgment in favor of homeowner's association in catastrophic injury case)