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  • A20A0768. Dockery et al. v. Haedong Industries Corp., Ltd. et al.

    Publication Date: 2020-07-10
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Eric Ripper, (Ripper Law Firm PC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Daniel Diffley, Lara Tumeh, (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A20A0767

    Court in Wrongful Death Suit Incorrectly Granted Defendants' Motion to Set Aside Default Judgment; Remanded for Specification as to Basis for Decision

  • City of Norcross v. Gwinnett County, Georgia

    Publication Date: 2020-06-18
    Practice Area: Government | Public Utilities
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Andrew Whalen, (The Whalen Law Firm, LLP), Griffin, for appellant.
    for defendant: Michael Ludwiczak, Tuwanda Williams, Murray Weed, (Gwinnett County Department of Law), Lawrenceville, for appellee. Melissa Perignat, Derek Krebs, (Holt Ney Zatcoff & Wasserman, LLP), Atlanta, for other party.
    Case Number: A20A1033

    County, as Owner of Easements, Retained Responsibility for Repair and Maintenance of Drainage System on Those Easements Following Annexation by the City

  • Branner v. The State

    Publication Date: 2020-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charlie Branner, (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Clifford Bowden, Robert Rogers, (Assistant District Attorney), Tifton, for appellee.
    Case Number: A20A0424

    Defendant's Pro Se Motion to Withdraw Guilty Plea Was a Nullity; Ensuing Efforts Undertaken Were Untimely as Court Lost Jurisdiction Over the Issue

  • Neal v. The State

    Publication Date: 2020-06-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Aaron Palmer, (Middle Judicial Circuit Public Defender), Swainsboro, for appellant.
    for defendant: Samuel Altman, John Fitzner, (District Attorney's Office, Middle Judicial Circuit), Swainsboro, Jessica Wilson, (District Attorney's Office, Middle Judicial Circuit), Lyons, for appellee.
    Case Number: A20A1256

    Court affirms defendant's child molestation convictions over challenges to admission of evidence of his silence as an adoptive admission to the crime.

  • Thomas v. The State

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Thomas Clegg, (Thomas Clegg, LLC), Lawrenceville, for appellant.
    for defendant: Marlene Zekser, Daniel Porter, Samuel D'entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A20A0094

    Court affirms aggravated assault and other convictions over defendant's multiple contentions of error and denial of rights

  • 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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  • McLaws v. Drew

    Publication Date: 2020-06-12
    Practice Area: Attorney Compensation | Civil Procedure | Family Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rebecca McLaws, (Attorney at Law), Marietta, for appellant.
    for defendant: Crystal Wright, (Crystal Wright Law, LLC), Atlanta, for appellee. Justin Chin, (Georgia Christian Legal Clinic), Atlanta, for other party.
    Case Number: A20A0695

    Party Failed to Show Opponent's Motion For New Trial Lacked Substantial Justification

  • Newsome v. The State

    Publication Date: 2020-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Marshall, (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: John McClellan, Leigh Patterson, (Assistant District Attorney), Rome, for appellee.
    Case Number: A20A0276

    Court reverses theft conviction because no evidence showed that defendant knew that a certain item was stolen, but affirms defendant's armed robbery conviction

  • The Rainmaker Group Ventures, LLC v. Bellack

    Publication Date: 2020-05-21
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Consulting | Software
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jeffrey Horst, Christopher Adams, Joshua McLaurin, (Krevolin & Horst, LLC), Atlanta, for appellant.
    for defendant: Cammi Jones, (FisherBroyles LLP), Atlanta, for appellee.
    Case Number: A20A1093

    Under Delaware Law, Implied Good Faith Covenant Could Not Be Invoked to Override Express Provisions in Contract

  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2020-05-19
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell, (Bell Law Firm), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, James Wilson, (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellee. Heather McGrotty, (Weathington Mgrew PC), Atlanta, Paul Weathin, (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    Court vacates and remands zero damages award in medical malpractice case for determination of whether the verdict was void as inconsistent

  • Thomas v. The State

    Publication Date: 2020-05-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Lindsay Gardner, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee
    Case Number: A20A0686

    Trial Counsel Did Not Render Ineffective Assistance by Failing to Object to Testimony From Witnesses That Defendant Physically Abused Rape Victim's Mother