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  • Clark v. The State

    Publication Date: 2024-04-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Amara Montgomery, (Rockdale County Public Defenders Office), Conyers, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County Courthouse 2nd Floor), McDonough, for appellee.
    Case Number: A23A1690

    Court affirms denial of a motion for early probation termination under OCGA § 17-10-1 (a) (1) (B), citing statute's directory nature and deference to trial court's judicial discretion

  • Ameriprise Holdings, Inc. v. Kathy McCampbell, as Surviving Child of Etta McCampbell, et al.

    Publication Date: 2024-04-16
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Byrne, Stacey Mohr, Samantha Darnell, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Andrew Evans, (Attorney at Law), Atlanta, for appellee; Kevin Quirk, (Quirk & Quirk, LLC), Atlanta, for Other Party.
    Case Number: A23A1736

    Court reverses denial of a motion to set aside a default judgment in a garnishment case due to use of an incorrect garnishment form

  • Yntema v. Smith

    Publication Date: 2024-04-15
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathryn Franklin, (Franklin Family Law), Lawrenceville, for appellant.
    for defendant: Lynne Bradley, (Dawn H. Taylor, Attorney at Law), Suwanee, for appellee; Ulice Sauls, (Attorney at Law), Peachtree Corners, Nicholas Martin, (Martin DeMelfi, LLC), Atlanta, for other party.
    Case Number: A23A1562

    In a complex dispute over a petition for child custody modification, court modifies speech restrictions and vacates order sealing certain case records

  • Green v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kathleen Anderson, (Attorney at Law), Winder, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Andrew Brill, (Barrow County District Attorney’s Office), Winder, Rome, for appellee.
    Case Number: A23A1683

    Court affirms defendant's conviction for attempted kidnapping but reverses convictions for attempt to entice a child and simple assault due to insufficient evidence

  • Logan v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Withers, (Withers Law Firm PC), Savannah, for appellant.
    for defendant: Matthew Breedon, Daphne Totten, (Ogeechee Judicial Circuit District Attorney), Springfield, for appellee.
    Case Number: A23A1661

    Court affirms re-indictment of pharmacist on drug charges, denying his challenges based on double jeopardy and statute of limitations, and rejecting claims of prosecutorial misconduct

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    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

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  • In the Interest of H. D. G. H., a Child

    Publication Date: 2024-04-15
    Practice Area: Family Law | Immigration Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Blake Evans, (The Blake Evans Law Firm), Norcross, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Shalen Nelson, Atlanta, Emily Harris, (Department of Law), Atlanta, for appellee; Cathy Lerow, (Attorney at Law), Marietta, for other party.
    Case Number: A23A1659

    Court vacates juvenile court's conclusion that it lacked jurisdiction in a dependency and Special Immigrant Juvenile status case and remands for court to make critical findings for minor's status

  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Olsen v. The State

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: C. Cross, Sherry Boston, (DeKalb County District Attorney’s Office DeKalb County Courthouse), Decatur, Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.
    Case Number: A23A1506

    Court reverses police officer's conviction related to use of force policy in a case involving a fatal shooting, but notes that officer may be retried for aggravated assault

  • Song v. EGPS Solutions I, Inc., et al.

    Publication Date: 2024-04-12
    Practice Area: Corporate Governance
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Grant, (Freed Grant LLC), Atlanta, Robert Kaufman, (Chalmers, Adams, Backer & Kaufman, LLC), Alpharetta, Kevin Kucharz, (Chalmers, Adams, Backer & Kaufman, LLC), Johns Creek, for appellant.
    for defendant: Harold Daniel, (Harold Daniel Law LLC), Atlanta, David Lipscomb, (Attorney at Law), Lawrenceville, Neil Wilcove, Elizabeth Marquardtt, Christopher Brock, (Miller & Martin PLLC), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1458

    Court partially reverses summary judgment for a company and its majority owner in a derivative and breach of fiduciary duty action

  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.
    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession