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  • Bonner v. Peterson

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edwin A. Wilson Randolph Frails PC, Augusta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Claude M. Sitton, Assistant Attorney General, Vincent A. Toreno and Parker M. Green Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A09A1644

    The second defendant, a resident physician, was entitled to immunity under the Georgia Tort Claims Act, because she was supervised by attending physicians, had no hospital privileges, could not make

  • Grizzard v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A09A2301

    The trial court abused its discretion in weighing lightly the state's admitted negligence in prosecuting the defendant on child molestation charges and in discounting the actual prejudice, which is

  • Northland Ins. Co. v. American Home Assurance Co.

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Scott W. McMickle Dennis, Corry, Porter & Smith LLP and Kristen L. Beightol Cash, Krugler & Fredericks LLC, Atlanta, for appellant.
    for defendant: John C. Bonnie Weinberg, Wheeler, Hudgins, Gunn & Dial, Frank C. Bedinger III, Brain W. Sprinkle Hawkins & Parnell, Joyce M. Mocek Kutack Rock LLP, Atlanta, and Ira S. Lipsius Schindel, Farman, Lipsius & Gardner, New York, NY, for appellees.
    Case Number: A09A2203

    The trial court erred in finding that the two insurance policies at issue did not obligate them to contribute to the settlement of the underlying vehicular accident on a pro-rata

  • Baxter v. Bayview Loan Servicing LLC

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John W. Gibson Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Stefanie H. Jackman and J. Allen Maines Paul Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A09A1751

    All that is necessary is that a mortgage document ' "clearly indicate the creation of a lien and . . . specify the debt for which it is given and the property upon which it is to take effe

  • Textile Rubber & Chemical Co. v. Thermo-Flex Technologies

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton, for appellant.
    for defendant: Edward Hine Jr., Rome, Daniel R. Hoyt Thermo-Flex Technologies, Inc., Cartersville, for appellee.
    Case Number: A09A2178

    Calculation of the present value of the parties' $1.5M profit-sharing agreement in their contract is a jury

  • Law Journal Press | Digital Book

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

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  • Atkins v. MRP Park Lake LP

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Eric C. White and Nicholas S. Papleacos Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Robert L. Shannon Jr., Mary D. Trammell Hall, Booth, Smith & Slover PC, James T. Budd Chambers, Mabry, McClelland & Brooks, and Thomas G. Tidwell The Tidwell Law Firm, Atlanta, for appellees.
    Case Number: A09A2125

    The defendant's were not entitled to summary judgment as a matter of law in the plaintiff's suit to recover for the injuries she sustained from carbon monoxide poisoning due to inadequate ventilatio

  • Ahmed v. Clark

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Anthony T. Pete The Pete Firm PC, Atlanta, for appellant.
    for defendant: William L. Swank II and Alina A. Krivitsky Greer, Klosik, Daugherty, Swank & McCune, Atlanta, for appellee.
    Case Number: A10A0090

    The appellant's counsel acquiesced the admission of a separate, unrelated suit in which another woman with a name identical to the appellant allegedly sought to recover for serious injuries from a 2

  • Roberts v. Windsor Credit Servs.

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Valerie G. Adams, Atlanta, for appellant.
    for defendant: Phillip L. Rubin Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.
    Case Number: A09A2031, A09A2032

    Absent a transcript, the trial court presumably correctly determined that the appellee effected proper service of process on appellant in its petition to foreclose on a motor vehicle appellee purcha

  • Miller v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy L. Eidson Cordele Circuit Public Defender, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cordele, for appellee.
    Case Number: A09A2405

    There is no absolute right to a state-provided transcript for use in a probation revocation he

  • England v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Amy K. Radley Solicitor's Office, Cumming, for appellee.
    Case Number: A09A2181

    The evidence showed that the DUI defendant acquiesced to a state-administered test and at no point requested another, independent test of his