- Email: Keith.Kodosky@lewisbrisbois.com
- Phone: 404.991.2183
- Fax: 404.467.8845
Keith Kodosky is a partner in the Atlanta office of Lewis Brisbois and a member of the Products Liability Practice. He has over 20 years experience in handling complex commercial litigation, including products liability, corporate governance, contract disputes, real estate, trade secrets, non-compete and non-solicitation agreements, and bankruptcy matters. He has represented clients in securities fraud class actions, shareholder/partnership disputes, shareholder inspection actions, business appraisal disputes, professional malpractice actions, and investigations and inquiries performed by the SEC, FTC, DOJ, FBI, IRS, and FINRA. In addition, Mr. Kodosky has represented financial institutions and their officers and directors in investigations and enforcement actions brought by the FDIC, the OCC, OIG, SIGTARP, and other regulatory agencies. During his career, Mr. Kodosky has represented state supreme court justices, major chemical manufacturers, government contractors, secured creditors, and businesses providing products and services in the telecommunications, athletic apparel, automotive, banking, computers, construction, franchising, hospitality, nursing home, packaged bakery foods, retail, and bookkeeping and accounting industries.
Mr. Kodosky also has extensive toxic tort and products liability litigation experience, including cases involving alleged exposures to welding rod fumes, lead paint, carbon monoxide and benzene. Mr. Kodosky serves as National Coordinating Counsel for a global chemical company in benzene litigation, and he has served as either lead counsel or lead co-counsel in toxic tort and products liability litigation in Alabama, Arkansas, Delaware, Florida, Georgia, Illinois, Kentucky, Louisiana, New Jersey, Pennsylvania, Tennessee, and West Virginia. As National Coordinating Counsel, Mr. Kodosky coordinates and manages discovery, including depositions, production of documents, and other e-discovery, and serves as a trial attorney in these lawsuits. He has extensive experience in applying the standards for the admissibility of expert testimony in jurisdictions that follow Daubert, Frye, and other standards. Mr. Kodosky has worked closely with industrial hygienists, hematologists, oncologists, toxicologists, and epidemiologists in refuting claims of chemical exposure. He also is experienced in the bulk supplier, preemption, and sophisticated user defenses and has effectively used these defenses to rebut product liability and negligence claims.
Mr. Kodosky has received an AV Preeminent® Peer Review Rating™ from Martindale-Hubbell.® AV Preeminent® is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. Active in many professional organizations, Mr. Kodosky currently serves as Vice-Chairman of the Product Liability Law Section of the State Bar of Georgia. Atlanta magazine featured Mr. Kodosky as a "Georgia Super Lawyer -- Rising Star" in four consecutive years. Mr. Kodosky was also among Legal Leaders’ Top Ranked Lawyers in 2018 and 2019, as selected by ALM Media and Martindale-Hubbell™.
State Bar of Georgia, Vice-Chairman, Product Liability Law Section (January 2015-Present)
- Crosson v. Carrollton City School District, et al., 478 F. Supp. 3d 1255 (N.D. Ga. May 28, 2020)
- LifeBrite Laboratories, LLC v. Cooksey, 2016 WL 7840217, 2016 U.S. Dist. LEXIS 181823 (N.D.Ga. Dec. 9, 2016)
- Henderson v. SMC Promotions, Inc., 2014-Ohio-4634, October 17, 2014
- Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., 324 Ga. App. 836, 752 S.E.2d 18, 13 FCDR 3761, November 19, 2013
- Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 125, 11th Cir. 2013
- Rapp, et. al v. Escante, Inc., 304 Ga. App. 262; 695 S.E.2d 744, May 28, 2010
- Bank of N.Ga. v. Reznick Group, P.C., No. 07-11919, 2008 WL 134118, 11th Cir. January 15, 2008
- SmallBizPros, Inc. v. Court, 414 F.Supp.2d 1245, M.D.Ga. 2006
- Co-author, The State of "Take-Home" Toxic Torts. Law360, January 5, 2009
- Co-author, Texas Supreme Court Refuses to Get Carried Away with Take-Home Toxic Tort Cases, December 10, 2008
- Co-author, "The Tools at Hand: Inspection of Corporate Records," June 1, 2004
- Nobili v. Chevron U.S.A., Inc., et al., No. 4:21-cv-00022, United States District Court for the Western District of Virginia, September 23, 2021: Prevailed at the motion to dismiss stage of products liability action in which Plaintiff alleged that her late spouse developed Acute Myeloid Leukemia (AML) as a result of his exposure to benzene-containing products used at work; client’s preliminary objections sustained based on lack of product supply resulting in dismissal of all claims and a covenant not to sue.
- United Sciences, LLC, et al. v. SBK Capital, LLC, et al., No. 2020-cv-332546 (Superior Court of Fulton County, Ga, Nov. 18, 2020): Prevailed at the motion to dismiss stage against minority shareholder claims for declaratory judgment, aiding and abetting and conspiracy to breach fiduciary duty, aiding and abetting and conspiracy to breach operating agreement, and RICO conspiracy based upon motion to dismiss and/or strike pursuant to Georgia’s anti-SLAPP statute.
- Crosson v. Carrollton City School District, et al., 478 F. Supp. 3d 1255 (N.D. Ga. 2020): Prevailed at the motion to dismiss stage on claims asserted against construction general contractor for an alleged taking of property rights in violation of the Fifth and Fourteenth Amendments, nuisance per se, statutory and common law nuisance, and violations of various Georgia statutes, with the Court granting our client’s motion with prejudice after finding that Plaintiff’s nuisance per se claim was barred by the Rooker-Feldman doctrine, while her remaining claims which sought compensatory and punitive damages, declaratory and injunctive relief, an equitable lien and constructive trust, and attorneys’ fees and costs, were all barred by res judicata.
- Johnson v. 3M Company, et al, No. 4:20-cv-00008-AT (N.D.Ga. April 22, 2020): Prevailed in putative class action alleging that defendants’ contaminated several rivers and other tributaries and watersheds in the State of Georgia through their past and present manufacture and release of perfluorinated compounds (PFCs), including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), from their manufacturing processes and facilities by obtaining voluntary dismissal of client.
- City of Rome v. 3M Company, et al, No. 19CV02405JFL003, Superior Court of Floyd County (March 3, 2020): Prevailed against claims involving the alleged contamination of several rivers and other tributaries and watersheds in the State of Georgia allegedly caused by the defendants’ past and present manufacture and release of perfluorinated compounds (PFCs), including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), from the defendants’ manufacturing processes and facilities by obtaining voluntary dismissal of client.
- Starwood Hotels & Resorts Worldwide, LLC, et al. v. Skanska USA Building Inc., et al., No. 2017CV285939, Superior Court of Fulton County (Nov. 12, 2019): Prevailed in action arising from a series of five catastrophic boiler explosions allegedly caused by a defective flexible watertube boiler system at client’s 73-story hotel in downtown Atlanta by recovering the cost of non-defective replacement boiler system through a pair of negotiated confidential settlement agreements following several years of litigation against design firm and contractors.
- Gomez, et al. v. HFT USA, Inc., et al., No. 3:17-cv-00041-CDL (M.D.Ga. May 11, 2018): Prevailed at the summary judgment stage of products liability action in which plaintiffs allegedly suffered severe body burns when one of the plaintiffs poured gasoline from a portable gasoline container onto a mostly extinguished fire and the container exploded; following initial phase of discovery, our client moved for summary judgment on the grounds that the undisputed facts proved that our client did not manufacture, distribute, or sell the can involved in the explosion. Further, because the plaintiffs could not prove they were injured by a product manufactured or distributed by our client, they could not establish proximate cause as a matter of law. Rather than oppose our client’s summary judgment motion, the plaintiffs agreed to dismiss our client with prejudice.
- Allen v. American Wings Corp., et al., No. 2018CV00206, State Court of Clayton County, Georgia, May 4, 2018: Prevailed at the motion to dismiss and motion for class certification stage of putative class action involving allegations of improper vehicle booting; proposed classes were comprised of all persons who had been booted at the same location as plaintiff and at any other locations within the State of Georgia where defendants own or occupy property and where there are no vehicle immobilization ordinances in effect, and who paid fines for the removal of said device, from February 5, 2013, through the present; client dropped as a party and voluntarily dismissed with prejudice prior to provisional certification of class.
- Cole v. Sunoco, Inc., et al., No. 170701024, Court of Common Pleas of Philadelphia County, March 9, 2018: Prevailed at the motion to dismiss stage of products liability action in which Plaintiff alleged that he developed Acute Myelogenous Leukemia (AML) as a result of his exposure to benzene-containing products used at work and at home; client’s preliminary objections sustained based on lack of personal jurisdiction resulting in dismissal of all claims.
- Rapoza v. Sunoco, Inc. (R&M), et al., No. 1555, Court of Common Pleas of Philadelphia County, February 20, 2018: Prevailed at the summary judgment stage of products liability action in which Plaintiff alleged that she developed chronic lymphocytic leukemia (CLL), a form of Non-Hodgkin’s Lymphoma, as a result of her exposure to benzene-containing products used at work and at home; Plaintiff offered no evidence that she was ever exposed to any of client’s products and, furthermore, there was no competent expert opinion that any of client’s products caused Plaintiff’s alleged injuries.
- Stein v. ROH, et al., No. 02497, Court of Common Pleas of Philadelphia County, February 7, 2018: Prevailed at the summary judgment stage of products liability action in which Plaintiff alleged that the decedent developed bladder cancer as a result of his exposure to benzene-containing products used at work and at home; Plaintiff offered no evidence that the decedent was ever exposed to any of client’s products or that his exposure to client’s products was a factual cause of his injury and, furthermore, there was no competent expert opinion that any of client’s products caused the decedent’s bladder cancer.
- LifeBrite Laboratories, LLC v. Cooksey, 2016 WL 7840217, 2016 U.S. Dist. LEXIS 181823 (N.D.Ga. Dec. 9, 2016): Prevailed at the summary judgment stage of breach of employment contract action involving a national toxicology reference laboratory after earlier defeating Plaintiff’s motion for interlocutory injunction in case involving “blue pencil” issue of first impression under Georgia’s new Restrictive Covenants Act, O.C.G.A. § 13-8-53; obtained summary judgment on Plaintiff’s claims for breach of contract, tortious interference with contract, tortious interference with business relationships, breach of fiduciary duty/unfaithful agent, and attorneys’ fees, while Plaintiff’s cross-motion for summary judgment was denied as to client’s counterclaims for breach of contract, unjust enrichment, promissory estoppel, quantum meruit, and attorneys’ fees; a confidential settlement was reached following grant of summary judgment in client’s favor.
- Reid v. Waste Industries, et al., Superior Court of Douglas County, Case No. 14CV01542, April 15, 2016: Prevailed at the summary judgment stage of intentional tort action as co-counsel in case involving former employee’s claims for malicious prosecution, intentional and negligent infliction of emotional distress, civil conspiracy, punitive damages and attorneys fees, where former employee had been arrested and jailed after pulling a firearm and allegedly making verbal threats towards his supervisor and co-workers while being escorted from the job site following the termination of his employment.
- Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., Superior Court of Fulton County, Georgia, June 1-5, 2015. Prevailed at trial as co-counsel in obtaining a $1.4 million judgment on client's claims for breach of contract, fraud, and attorneys' fees in a case involving the provision of workers’ compensation, medical, healthcare, and claims management services to the City of Atlanta. Further, a directed verdict was entered as to one of the defendant’s counterclaims and defendant obtained no recovery from the jury on any of its remaining counterclaims.
- Brunson v. US Steel Corporation, et al., No. 02368, Court of Common Pleas of Philadelphia County, December 16, 2014: Prevailed at the summary judgment stage of products liability action in which Plaintiff alleged that he developed Non-Hodgkin’s Lymphoma (NHL) and thyroid cancer as a result of his exposure to benzene-containing products used at work and at home; Plaintiff offered no expert opinions or other evidence that exposure to any benzene-containing product was a cause in fact or a substantial factor in causing Plaintiff’s alleged injuries.
- Henderson v. SMC Promotions, Inc., 2014-Ohio-4634, Ohio App., October 17, 2014: Prevailed on appeal by obtaining reversal of trial court’s denial of motion to vacate default judgment with action remanded for determination of whether personal jurisdiction may properly be asserted over defendants in case arising from plaintiffs’ viewing of an infomercial, featuring former Happy Days actor Tom Bosley, which advertised an opportunity to earn money from home by selling merchandise on the Internet.
- Hawkins v. Target Corporation, 1:14-cv-00222-TCB, U.S.D.C. N.D.Ga., January 27, 2014: Represented Target Corp. in data breach putative class action involving claims of negligence, invasion of privacy intrusion, public disclosure of private facts, misappropriation of likeness and identity, and conversion, after criminals had forced their way into Target’s system, gaining access to guest credit and debit card information in mid-December 2013.
- Nebo Ventures, LLC v. NovaPro Risk Solutions, L.P., 324 Ga.App. 836, 752 S.E.2d 18, 13 FCDR 3761, November 19, 2013: Prevailed on appeal by obtaining reversal of trial court’s grant of summary judgment on client’s fraud and punitive damages claims, and vacation of trial court’s grant of partial summary judgment on client’s “forward-looking” breach of contract claims, in action involving the provision of certain workers’ compensation, medical, healthcare, and claims management services to the City of Atlanta.
- Crumpton v. Stephens (In re Northlake Foods, Inc.), 715 F.3d 125, 11th Cir., 2013: Prevailed in fraudulent transfer action brought by trustee of debtor company that owned 150 Waffle House restaurants located throughout Georgia, Florida and Virginia, with the US Court of Appeals for the Eleventh Circuit affirming the district court’s ruling that the transfer was not fraudulent and, therefore, could not be recovered by the trustee, because the company received a reasonably equivalent exchange of value under the shareholder agreement governing the transaction.
- Nfinity Products and Services, Inc. v. Cook, et al., Circuit Court of Orange County, Florida, Case No. 2010-CA-25220, September 19, 2012: Prevailed at trial on behalf of corporation and its controlling shareholder in “fair value” litigation which involved the control of a leading national female cheerleading shoe company; minority shareholders were compelled to sell their 20% stock interest to the controlling shareholder based upon fair value determination made by client’s business valuation expert, after the Court rejected opposing expert’s fair value determination following vigorous cross-examination at trial.
- Langer v. King Provision, Superior Court of Cobb County, Civil Action No. 09-1-9872-99, May, 2011: Prevailed in contentious “business divorce” action; following aggressive offensive discovery, successfully negotiated confidential six-figure settlement for Plaintiff minority shareholder client who had been squeezed from global uniform supply chain and fulfillment company by majority owners in full satisfaction of client’s breach of contract, breach of fiduciary duty and tortious interference claims.
- Steele v. Steele Investment Group, LLC, Superior Court of Henry County, Georgia, Civil Action No. 10-1024-BGR, August, 2010: Prevailed in action seeking immediate appointment of a receiver for Riverchase Village, LLC where the members were deadlocked in the management of the company’s business and affairs and where the deadlock threatened to cause irreparable injury to the company and the business and affairs of the company could no longer be conducted to the advantage of the members generally.
- Atlanta Centennial, LLC v. PixelRange Inc., et al., July, 2010: Successfully obtained a working replacement of The Centennial Tower’s iconic LED lighting system, which was uniquely manufactured and designed to display red lights for Atlanta Hawks games and blue lights for Atlanta Thrasher games but which essentially had been inoperable since installation, on behalf of client through pre-suit demand. (The replacement LED lighting system installed at The Centennial Tower, a 36-story skyscraper in downtown Atlanta, may be seen at http://www.atlantadowntown.com/go/centennial-tower)
- Rapp, et. al v. Escante, Inc., 304 Ga. App. 262; 695 S.E.2d 744, May 28, 2010: Prevailed at the summary judgment stage of fraudulent transfer action which arose out of Defendant’s fraudulent conveyance of valuable Georgia real property and a commercial building situated thereon in an attempt to defeat client’s Texas state judgment claim; Georgia Court of Appeals affirmed summary judgment award in client’s favor setting aside the Defendant’s fraudulent transfer.
- McCurdy, et al. v. Harper, et al., U.S.D.C. N.D.Ga., No. 1:08-CV-2145, March 23, 2009: Prevailed at the motion to dismiss stage of putative class action brought against client, LexisNexis CourtLink, Inc.; Fulton County State Court Chief Judge A. L. Thompson; Fulton County Superior Court Chief Judge Doris L. Downs; and various other Fulton County government defendants, involving claims related to county’s mandatory e-filing requirement.
- Herring v. TDCC, et al., No. 06C-05-297 BEN, Del. Super. Ct., May 7, 2008: Prevailed at the summary judgment stage of toxic tort wrongful death action where Plaintiff contended that his wife, the decedent, contracted Acute Myelogenous Leukemia ("AML") and died as a result of her 20-year exposure to benzene and/or benzene-containing products, including naptha, xylene, mineral spirits and toluene, that were manufactured, distributed and/or supplied to her chemical repackaging employer by the Defendants.
- Bank of N.Ga. v. Reznick Group, P.C., No. 07-11919, 2008 WL 134118, 11th Cir. January 15, 2008: Prevailed at the motion to dismiss stage of professional negligent misrepresentation action which sought compensatory damages in excess of $5 million as well as an award of punitive damages and attorneys’ fees; a dismissal of all counts with prejudice was achieved by Rule 12(b)(6) motion, with the US Court of Appeals for the Eleventh Circuit upholding the district court’s dismissal ruling in its entirety.
- Reed Elsevier: Provided litigation due diligence advice to Reed Elsevier, a world leading publisher and information provider, in connection with the proposed acquisition of ChoicePoint Inc., a premier provider of technology and information-based risk mitigation products in the United States. The enterprise value of the all-cash transaction, announced on February 21, 2008, was valued at approximately $4 billion (USD) based on an offer of $50 per share. Mr. Kodosky's due diligence work was noted in the June 2008 issue of The American Lawyer.
- GT Software, Inc. v. Action Motivation, Inc., et al., U.S.D.C. N.D.Ga., No. 1:07-CV-0172-BBM, June 15, 2007: Prevailed at the motion to dismiss stage of breach of contract and tortious interference with prospective business relationships action when Plaintiff's claims against client were dismissed on motion based upon lack of personal jurisdiction.
- Cobb Ambulance Service, Inc. v. Gold Cross Ambulance Service, Inc., et al.,U.S.D.C. N.D.Ga., No. 1:05-CV-0560-CC, March 27, 2007: Prevailed at the motion to dismiss stage of antitrust litigation which arose from client’s efforts to be designated the exclusive 911 service providers for Cobb County, Georgia.
- SmallBizPros, Inc. v. Court, 414 F.Supp.2d 1245, M.D.Ga., 2006: Prevailed on claims brought by franchisor client arising from renegade franchisee's copyright and trademark violations and breach of contract; obtained preliminary injunction enjoining Defendants from operating a competing business in violation of the Lanham Act and the parties' franchise agreement, and ordering Defendants to cooperate in orderly transfer of customers back to client, effectively ending the litigation.
- Pro Bono
- Fowler v. Pupcakes, LLC, (Fulton County), January 23, 2012: Prevailed at trial in recovering actual damages plus an award of attorneys’ fees in a case arising from doggie-daycare center’s gross negligence and its violations of the Georgia Fair Business Practices Act (“GFBPA”); the refusal of the doggie-daycare center and its insurer to acknowledge fault and reimburse client’s out-of-pocket damages following a pre-suit demand necessitated the filing of suit and, ultimately, resulted in client’s obtaining a full and complete recovery through trial.
- Habitat for Humanity
- Atlanta Volunteer Lawyers Foundation
- Georgia Division of the National Ovarian Cancer Coalition
- “The Impact of the TSCA Amendment on Products Liability Lawsuits,” State Bar of Georgia 26th Annual Product Liability Seminar, February 21, 2018
- Panelist, “Managing Contract Disputes,” Global Legal & Contract Management Conference and Exhibition, Atlanta, Georgia, November 20, 2014
State Bar Admissions
State Supreme Courts
- Georgia Supreme Court
- Supreme Court of Appeals of West Virginia
State Appellate Courts
- Georgia Court of Appeals
United States District Courts
- United States District Court for the Eastern District of Michigan
United States Bankruptcy Courts
- United States Bankruptcy Court for the Middle District of Georgia
- United States Bankruptcy Court for the Northern District of Georgia
- United States Bankruptcy Court for the Southern District of West Virginia
United States Courts of Appeals
- United States Court of Appeals for the Eleventh Circuit
Court of Appeals for the State of Georgia
Supreme Court of Appeals of West Virginia
Supreme Court of Georgia
US Court of Appeals for the Eleventh Circuit
US District Court for the Eastern District of Michigan
US District Court for the Middle District of Georgia
US District Court for the Northern District of Georgia
US District Court for the Southern District of West Virginia
- Defense Research Institute
- American Bar Association, Litigation Section & Products Liability Subcommittee
- Atlanta Bar Association, Litigation Section
Awards & Honors
- AV Preeminent® Peer Review Rating™
- Georgia Super Lawyer, Rising Star, 2009, 2010, 2011, 2012
- 2018 and 2019 Legal Leaders Top Ranked Lawyers, as selected by ALM Media and Martindale-Hubbell™
West Virginia University College of Law
Juris Doctor, May 1997
- Order of the Coif
- Order of the Barristers
- National Moot Court Team
Indiana University of Pennsylvania
Bachelor of Science in Accounting, summa cum laude, December 1993