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  • Norfolk S. Ry. Co. v. Sun Chem. Corp.

    Publication Date: 2012-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Glen Darbyshire Inglesby Falligant Horne Courington & Chisholm, Savannah, and Paul Keenan Keenan Cohen & Howard PC, Jenkintown, Pa., for appellant.
    for defendant: Edwin Robb and Todd Baiad Bouhan, Williams & Levy, Savannah, for appellees.
    Case Number: A12A1195

    A railway company, which was brought into an international ocean shipping arrangement two transactions after an ocean carrier had issued its bill of lading, could not be subject to Carmack liab

  • Beale v. O'Shea

    Publication Date: 2012-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jason Graham Graham & Penman LLP, Atlanta, for appellant.
    for defendant: Stephen LaBriola, Eugenia Iredale, and Christina Baugh Fellows LaBriola LLP, Atlanta, for appellee.
    Case Number: A12A1265

    The record contained sufficient evidence to create a jury question as to whether the plaintiff suffered any damages as a result of his business partner's execution of the Change in Control Protectio

  • Boyd v. JohnGalt Holdings LLC

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Francis Moore, Atlanta, for appellant.
    for defendant: . David Flint and J. Carole Thompson Hord Schreeder, Wheeler & Flint LLP, Atlanta, for appellees.
    Case Number: A12A1500

    O.C.G.A. § 9-15-2 b, which sets out the procedure for contesting the truth of a pauper's affidavit, absent a traverse, specifically includes a he

  • Thomas v. State

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lance Dutton Stearns-Montgomery & Proctor, Marietta, for appellant.
    for defendant: Thomas Campbell, District Attorney, and Jana Allen District Attorney's Office, Cartersville, for appellee.
    Case Number: A12A1188

    The trial court did not err in failing to conduct an "explicit" balancing test before concluding that the probative value of the evidence of prior difficulties between the 11-year-old child molestat

  • Clark v. State

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: W. Wright Gammon Jr. Gammon, Anderson & McFall, Cedartown, for appellant.
    for defendant: Robert Brooks, District Attorney, and Ryan Remsen, Cedartown, for appellee.
    Case Number: A12A1511

    The roadblock in question had a legitimate purpose for DUI dete

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  • Gordon v. State

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lynn Kleinrock, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A12A1120

    Under the circumstances, the defendant could not show any reasonable probability that the result of his trial for aggravated battery and other crimes would have been different but for his trial coun

  • Ransom v. State

    Publication Date: 2012-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Donna Seagraves, Jefferson, for appellant.
    for defendant: James Smith, District Attorney, Winder, and Samuel Skelton, Assistant District Attorney, Homer, for appellee.
    Case Number: A12A0806

    Although the trial court did not provide a curative instruction immediately after the introduction of an improperly redacted transcript, it did so as soon as defense counsel raised its objection, an

  • State v. Hartsfield

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Paul Howard, District Attorney, and Lenny Krick, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Brian Hobbs Public Defender's Office, Atlanta, for appellee.
    Case Number: A12A1102

    While the 4-year delay in indicting the defendant for aggravated battery, aggravated assault, and three counts of violation of an oath by a public officer was presumptively prejudicial, the trial co

  • Williams v. State

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Douglas Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy Floyd, District Attorney, and Alicia Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A12A1354

    The trial court erred in denying the defendant's motion to suppress the cocaine police discovered and seized pursuant to an encounter in which the officer's conduct exceeded the scope of a permissib

  • Carson v. Obor Holding Co. LLC

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Thomas Gallo Barnes & Thornburg LLC, Atlanta, for appellant.
    for defendant: Richard Tisinger Tisinger Vance PC, Carrollton, for appellee.
    Case Number: A12A0891

    The trial court erred in finding an operating agreement's forum selection clause enforceable, as its enforcement would likely result in a violation of Georgia's then-existing public p