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  • Golden Pantry Food Stores, Inc. v. Bradley

    Publication Date: 2024-04-22
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jackson Dial, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: ShaMiracle Rankin, (CP Law Group, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A23A1597

    Court vacates spoliation sanctions against retail food store in a pair of premises liability cases and remands for reconsideration of plaintiff's actions under an alternate standard

  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Johnson v. The State

    Publication Date: 2024-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: MaryAnn Donnelly, (Goldman & Donnelly), Marietta, Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A23A1504

    Court affirms convictions for rape and child molestation over defendant's multiple procedural and evidentiary challenges

  • Mason v. Permanent General Assurance Corp. et al.

    Publication Date: 2024-01-30
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant.
    for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1529

    Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision

  • Bell v. The State

    Publication Date: 2024-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Randal McGinley, Alexandra Stone, (Newton County District Attorney’s Office), Covington, for appellee.
    Case Number: A21A1215

    Court vacates its previous ruling and reverses convictions in child death case following the Georgia Supreme Court's ruling which reversed that previous opinion.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • The State v. Shalgheen

    Publication Date: 2023-12-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Nicole Fegan, (Fegan Law, LLC), Atlanta, for appellee.
    Case Number: A23A1737

    Court reverses exclusion of other acts evidence in a rape and sexual assault criminal trial

  • MTN Investments, LLC v. D. Magen, LLC

    Publication Date: 2023-11-17
    Practice Area: Deals and Transactions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: David Rusnak, Roberto Bazzani, (Drew Eckl Farnham), Atlanta, for appellant.
    for defendant: Eugenia Iredale, Steven Kushner, (Fellows La Briola, LLP), Atlanta, for appellee; Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for other party.
    Case Number: A23A0871

    Court reverses contempt order and default judgment in a lawsuit over breach of fiduciary duty in a real estate matter because the order lacked clear and definite terms

  • Dekalb County et al v. City of Chamblee

    Publication Date: 2023-11-15
    Practice Area: Tax
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, for appellee; Robert Reeves, Sarah Flanders, (Andersen Tate & Carr, P.C.), Duluth, for other party.
    Case Number: A23A0798

    Court reverses denial of the County's motion to dismiss the City's claims for declaratory judgment, payment of back taxes, and assessment of occupancy taxes for airport leasehold interests

  • Jensen v. The State

    Publication Date: 2023-09-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Cody Jensen, (Central State Prison), Macon, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Joseph Mulholland, (District Attorney), Bainbridge, for appellee.
    Case Number: A23A1186

    Court vacates order dismissing defendant's pro se motion to modify or reduce his sentence and remands for trial court's application of new precedent on a pro se motion

  • Milliron v. Antonakakis

    Publication Date: 2023-08-31
    Practice Area: Attorney Compensation | Public Records
    Industry: Education | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lucas Andrews, (Poole Huffman LLC), Tucker, Anna Cross, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Theodore Randles, Mark Schamel, (Venable LLP), Washington, Ana Jara, Christopher Schafbuch, (Lowenstein Sandler LLP), Washington, for appellee.
    Case Number: A23A1163

    Open Records Request Not Properly Submitted For Failure to Direct Request to Designated Open Records Officer