J. Matthew Dwyer and James Neuberger argued for attorney fees and litigation expenses on behalf of a plaintiff-appellant in a $7.2M auto tort judgment out of the Atlanta neighborhood of Buckhead before the Georgia Court of Appeals Tuesday.

The key debate in this case is the application of two Georgia civil practice statutes OCGA 9-11-68 and OCGA 9-11-41 to determine whether a dismissal without prejudice eliminates any claim for attorney fees and expenses.