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  • Augusta Judicial Circuit Office of the Public Defender v. Hodge-Peets

    Publication Date: 2024-04-09
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Christopher Carr, Bryan Webb, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, for appellant.
    for defendant: Edward Buckley, Ashley Wilson Clark, Andrew Tate, (Buckley Bala Wilson Mew LLP), Atlanta, Jamala McFadden, (McFadden Davis LLP), Atlanta, Constance Parks, (The Public Defender’s Office, Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A23A1467

    Court reverses decision denying Office of Public Defender's motion to dismiss a Disabilities Act claim, finding that the Public Defender's Office has sovereign immunity in ADA lawsuits

  • Statham v. Quang et al.

    Publication Date: 2024-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Horner, (Middle Georgia Access to Justice Council, Inc.), Atlanta, W. Reynolds, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
    for defendant: Julye Johns, (Huff Powell & Bailey, L.L.C.), Atlanta, David Nelson, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
    Case Number: A23A1419

    Court affirms order that surgeons are not vicariously liable for medical student's errors during surgery, but notes that surgeons may bear direct liability for negligent supervision

  • In re Bessie Mae Blake.

    Publication Date: 2024-03-15
    Practice Area: Elder Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lester Johnson, (Attorney at Law), Savannah, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, Mara Block, (DeVetter Law Firm), Savannah, for appellee.
    Case Number: A23A1397

    Court vacates order on conservator's breach of fiduciary duties and remands for determination of appointment of personal representative and potential guardian-ad-litem for decedent's estate

  • Cox-OTT et al. v. Barnes & Thornburg, LLP, et al.

    Publication Date: 2024-03-15
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellant.
    for defendant: Keith Blackwell, Steven Collins, Meredith Kingsley, (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A23A1733

    Court affirms summary judgment in favor of attorney in a legal malpractice lawsuit

  • Sherritt v. SB Paulding Commons, LLC

    Publication Date: 2024-03-11
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A23A1647

    Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard

  • 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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  • Clay et al. v. State of Georgia

    Publication Date: 2024-03-07
    Practice Area: Land Use and Planning
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Christy, Scott Peters, (Schreeder, Wheeler & Flint), Atlanta, for appellant.
    for defendant: Harold Melton, Charles Palmer, Charles Peeler, Elizabeth Waldbeser, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellee.
    Case Number: A23A1718

    Court vacates bond order in a challenge to the State's approval of a manufacturing and development project

  • Thomas v. The State

    Publication Date: 2024-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, Pareesa Amjadi, (Fulton County Office of the District Attorney), Atlanta, for appellee.
    Case Number: A23A1753

    Court affirms convictions for rape and aggravated sodomy over defendant's contentions of jury instruction error, improper admission of prior acts evidence, and ineffective assistance of counsel

  • Jakes v. The State

    Publication Date: 2024-01-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sylvia Goldman, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A23A1215

    Court affirms convictions for possession of controlled substances and other crimes over defendant's contention that a successor judge improperly ruled on a motion for a new trial

  • Bowers v. CSX Transportation, Inc.

    Publication Date: 2023-12-08
    Practice Area: Toxic Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, Randolph Mayer, (Mayer & Harper LLP), Atlanta, Shawn Ricci, (Marc J. Bern & Partners, LLP), Conshohocken, for appellant.
    for defendant: Michael Loebl, Sonja Tate, (Fulcher Hagler LLP), Augusta, Frank Gordon, (Millberg Gordon Stewart PLLC), Raleigh, for appellee.
    Case Number: A23A0839

    Court affirms exclusion of expert testimony and grant of summary judgment in favor of an employer in a FELA lung cancer case, finding that the testimony speculated and did not establish causation

  • Lambert et al. v. DMRT, LLC et al.

    Publication Date: 2023-11-24
    Practice Area: Constitutional Law | Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buckley, Nicolas Bohorquez, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellee.
    Case Number: A23A0955

    Nightclub Owner's Action Against Neighbors Who Complained of Noise Was Meritless Anti-SLAPP Suit