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  • Padilla-Garcia v. The State

    Publication Date: 2024-07-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0503

    Court affirms convictions for aggravated sexual battery and child molestation but vacates overbroad probation condition and remands for resentencing

  • Southern Oil Refinery, LLC et al. v. Gloria Jean Price et al.

    Publication Date: 2024-07-25
    Practice Area: Damages | Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Sharon Horne, Philip Savrin, (Freeman Mathis & Gary), Atlanta, Amanda Matthews, Jessica Seares, (Nall & Miller, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Scott Forster, Terry Jackson, Peter Lampros, (Attorney at Law), Atlanta, Christopher Hall, (Hall & Lampros, LLP), Atlanta, for appellee; Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for other party; Robert Roll, (Watkins, Lourie, Roll & Chance, PC), Atlanta, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for AM.
    Case Number: A24A0137

    Court reverses and remands damages judgment in wrongful death case for recalculation because trial court failed to apportion damages properly per statutory requirements

  • In the Interest of M. E. P. S., a Child

    Publication Date: 2024-07-25
    Practice Area: Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Rebeca Salmon, (Attorney at Law), Norcross, for appellant.
    for defendant: Cathy Lerow, (Attorney at Law), Marietta, for Other party; Christopher Carr, (Attorney General), Atlanta, T. Fleming, (Hunter, Maclean, Exley & Dunn, P.C.), Savannah, Shalen Nelson, Atlanta.
    Case Number: A24A0266

    Court affirms dependency finding but remands case for juvenile court to make findings on special immigrant juvenile (SIJ) status, which affects any return to the child's country of origin

  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2024-07-24
    Practice Area: Civil Procedure | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, (Andersen, Tate, Carr), Duluth, for appellee.
    Case Number: A24A0092

    Court affirms dismissal of personal injury complaint against ATV manufacturer due to improper service, concluding that a deposition of a registered agent was timely

  • Pollard v. Deloach

    Publication Date: 2024-07-24
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Mulherin, (Owens & Mulherin), Savannah, for appellant.
    for defendant: Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for appellee.
    Case Number: A24A0539

    Court reverses summary judgment that had been in favor of a landlord in a premises liability case, finding that a jury must consider landlord's constructive knowledge of hazard

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

    View this Book

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  • General Security Indemnity Company of Arizona v. Gerald Jones Ford, LLC

    Publication Date: 2024-07-24
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Paul Fields, Stephen Kahn, Taylor Lear, (Fields Howell, LLP), Atlanta, Jeffrey Kershaw, (Kershaw White LLC), Atlanta, David Albaugh, (Christensen Hsu Sipes, LLP), Chicago, for appellant.
    for defendant: Bowen Klosinski, (Klosinkis Overstreet LLP), Augusta, for appellee; Jerquavious Berry, Thomson, for other party.
    Case Number: A24A0477

    Court reverses summary judgment for a car dealership in an insurance dispute, clarifies "invalid" policy interpretation, and rules in favor of dealership's insurer

  • Pollard v. Great Dane, LLC

    Publication Date: 2024-07-24
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Randall Schmidt, Savannah, for appellant.
    for defendant: Allan Galis, David Burkoff, Gracie Shepherd, (Hunter Maclean Exley & Dunn, P.C.), Savannah, for appellee; Robert Turner, Carolyn Spellman, (Savage Turner Pinckney Savage & Sprouse), Savannah, for other party.
    Case Number: A24A0545

    Court reverses summary judgment in favor of defendant in a personal injury/loss of consortium case, citing reasonable explanation for conflicting testimony as to dates of separation

  • Jones v. Hughley

    Publication Date: 2024-07-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
    Case Number: A24A0567

    In multiple challenges to custody decisions involving an 18-year old special needs child, the court of affirmed contempt and attorney fee rulings but declares custody claims moot

  • Lawhorne et al. v. Douglas

    Publication Date: 2024-07-23
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, T. Tucker, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Robert Turner, (Savage, Turner, Pinckney & Savage), Savannah, Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: A24A0556

    Court affirms $4.5 million verdict in a medical malpractice case and rejects defendant's challenge to jury instruction on availability of insurance benefits

  • Marion A. Allen, Inc. et al. v. Blake C. Johnston et al.

    Publication Date: 2024-07-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Adams, (Adams Law Firm), Fort Valley, Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellant.
    for defendant: John Fox, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
    Case Number: A24A0213

    Court reverses denial of summary judgment in real estate fraud case, concluding that there was no factual dispute that property purchasers had failed to exercise due diligence after notice of defect