Cody S. Wigington

Associate

Atlanta
T +1.404.256.8782
F +1.404.459.5734

Overview

An experienced trial attorney, Cody Wigington focuses his practice on complex commercial litigation, including competition litigation, class action litigation, and regulatory litigation. He works with clients in a range of industries, with particular experience in equipment leasing, transportation and logistics, and finance. In addition to preparing clients and their cases for trial, Cody recognizes that his clients are businesses that often have goals outside of simply prevailing at trial, and, in accord, he works to develop and execute value-added litigation strategies to help his clients reach their goals. 

Select Experience

  • Defended an equipment leasing company in a class action involving claims for unfair and deceptive trade practices.
  • Prosecuted claims for a fleet management company against a telecommunications company for breach of contract and bad faith conduct.
Trial Experience
  • Served as the lead plaintiff's counsel in a case by a client against a former attorney involving 13 causes of action, including breach of fiduciary duty, breach of contract, fraud and conversion, which settled during trial.
  • Served as lead trial counsel for a tenant in a breach of contract case against a landlord, which resulted in a favorable settlement during trial. 
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Experience

  • Defended an equipment leasing company in a class action involving claims for unfair and deceptive trade practices.
  • Prosecuted claims for a fleet management company against a telecommunications company for breach of contract and bad faith conduct.
  • Simultaneously defended a vehicle leasing company against an action to enforce a fraudulently induced contract with a vendor and prosecuted counterclaims against the vendor for fraudulent business practices.
  • Prosecuted claims for a retiree benefit trust against a health insurance company related to the health insurance company's failure to honor a rebate agreement.
  • Defended a technology company in a class action in Texas federal court, defeating a motion for class certification and obtaining summary judgment on antitrust and deceptive trade practice allegations.
  • Prosecuted claims for an underwriter of financial products against a program administrator for breach of contract, and simultaneously defended against the program administrator's counterclaims seeking more than $90 million in damages for various alleged business torts.
  • Defended a technology company in a class action involving allegations of state constitution and a flawed competitive bidding process.
  • Prosecuted claims for a chemical manufacturer against primary and excess insurers for failure to provide coverage for a catastrophic injury lawsuit.
  • Represented a natural gas distribution company in multiple contested and uncontested matters before the Georgia Public Service Commission.
  • Representing a major league baseball team in a dispute concerning distribution of revenues from the operation of a baseball stadium.
Trial Experience
  • Served as the lead plaintiff's counsel in a case by a client against a former attorney involving 13 causes of action, including breach of fiduciary duty, breach of contract, fraud and conversion, which settled during trial.
  • Served as lead trial counsel for a tenant in a breach of contract case against a landlord, which resulted in a favorable settlement during trial. 
  • Served as second-chair trial counsel in a government contract protest in which the incumbent contractor sought to overturn an award of contract to a competitor.
  • Prosecuted a breach of contract case as lead trial counsel for a national fleet leasing company and obtained a favorable judgment including attorneys' fee award.

Recognitions and Memberships

Admissions

  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Middle District of Georgia
  • Georgia

Education

  • J.D., Emory University School of Law
  • B.S., Finance and Business Management, University of South Carolina