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  • Johnson v. The State

    Publication Date: 2021-09-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Aslean Eaglin, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A21A1054

    Defendant Impliedly Consented to Mistrial By Failing to Object

  • Goforth v. The State

    Publication Date: 2021-08-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Carlan, (Carlan Law, LLC), Canton, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, Erle Newton, (Office of the District Attorney), Cartersville, for Appellee.
    Case Number: A21A0793

    Court affirms methamphetamine trafficking and sale convictions over defendant's challenge to trial court's admission of identification testimony from two witnesses

  • Sons of Confederate Veterans et al. v. Newton County Board of Commissioners

    Publication Date: 2021-08-19
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Timothy King, (Hodges, McEachern & King), Peachtree City, for appellant.
    for defendant: Megan Martin, Patrick Jaugstetter, (Jarrard & Davis, LLC), Cumming, for appellee; Mawuli Davis, (The Davis Bozeman Law Firm PC), Decatur, Maryum Jordan, (Lawyers' Committee for Civili Rights Under Law), Washington, for AM.
    Case Number: A21A0734

    Court affirms dismissal of cases on the basis of plaintiffs' lack of standing to sue over removal of Confederate monument

  • Beasley et al. v. Georgia Department of Corrections

    Publication Date: 2021-08-05
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Tracey Pruiett, Joseph Dinardo, Stephen Reams, (Smith, Currie & Hancock LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Senior Assistant Attorney General), Atlanta, Kathleen Turnipseed, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A0593

    Assault-and-Battery Exception to GTCA's General Waiver of State's Immunity Bars 'Public Nuisance' Claims Against GDOC

  • Duncan et al. v. Rawls et al.

    Publication Date: 2021-07-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert, (Parks, Chesin & Walbert, P. C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett, (King & Spalding, LLP), Atlanta, for appellee.
    Case Number: A21A0258

    Court affirms that a trust's in terrorem clause applied to the trust beneficiaries' claim for tortious interference and that they had no claim for breach of fiduciary duty

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

  • Murrell v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, for appellant.
    for defendant: Leigh Patterson, (District Attorney), Rome, for appellee.
    Case Number: A21A0495

    Trial Court Lacked Jurisdiction to Issue Order on State's Motion to 'Clarify Terms of Sentence'; Court's Actions Unlawfully Increased Defendant's Sentence

  • Alvarez-Maldonado v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A21A0463

    Evidence Was Sufficient to Support Jury Finding That Defendant Was in Constructive Possession of Methamphetamine

  • Nobles v. Bonney

    Publication Date: 2021-06-16
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Milam, (Attorney at Law), Buford, for appellant.
    for defendant: Alina Krivitsky, (Worsham Corsi Scott & Dobur), Marietta, Z'a Williams, (The Law Office of Nancy W. Phillips), Atlanta, Dane Uhelski, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A21A0243

    Court reverses trial court order and remands case for entry of a dismissal without prejudice rather than with prejudice where plaintiff failed to file a prior substitution

  • Caruthers et al. v. City of Rochelle, Georgia

    Publication Date: 2021-06-15
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Mitchell McGough, (Mitchel E. McGough Law LLC), Atlanta, for appellant.
    for defendant: Sara Brochstein, Dana Maine, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A0038

    Court affirmed jury verdict for City in a negligence and nuisance case where a decedent fell into a hole dug by City employees on private property