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  • Cowan Systems, LLC v. Collier

    Publication Date: 2021-12-07
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Dixon, Jason Stewart, (Dennis, Corry, Smith, & Dixon LLP), Atlanta, for appellant.
    for defendant: Jonathan Hayes, (Goldstein & Hayes, P.C.), Atlanta, for appellee.
    Case Number: A21A1697

    Trial Court's Awarding of Presumptive Jury Instruction as a Sanction Was Too Harsh; Court Vacates Order and Remands

  • Renasant Corporation et al. v. Korst

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bruyere, Arash Sabzevari, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Walter Bibbins, (Hall Booth Smith PC), Atlanta, Walter Booth, (Jones & Booth LLC), Alpharetta, for appellee.
    Case Number: A21A0791

    Court affirms denial of mortgage lender's motion to dismiss Fair Housing Act complaint filed by a borrower who alleged discrimination due to his disabilities.

  • Palmer v. Georgia Insurers Insolvency Pool

    Publication Date: 2021-12-06
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Todd Maziar, Atlanta, for appellant.
    for defendant: Michael Gorby, Whitney Arp, (Gorby Peters & Associates, LLC), Tucker, Amy Burns, (Gorby Peters & Associates, LLC), Tucker, for appellee.
    Case Number: A21A0903

    Court vacates summary judgment ruling over a Workers' Compensation Insolvency Pool matter and remands for dismissal of complaint due to lack of jurisdiction

  • Doe v. Roe

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Podesta, (FGP Law, LLC), Roswell, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Douglas Davis, (Davis Lawyers LLC), Atlanta, for appellee.
    Case Number: A21A1095

    Issues of Fact Exist as to Whether Alleged Statements About Defendant Giving Plaintiff Genital Herpes Were Defamatory or False

  • Mallard v. Metropolitan Atlanta Rapid Transit Authority

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, John Hadden, (The Hadden Law Firm, LLC), Atlanta, for appellant.
    for defendant: Matthew Moffett, Jordan Raymond, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellee.
    Case Number: A21A0777

    Court reverses severance order that separated tort claims against MARTA from claims against other tortfeasors, finding no basis for severance under OCGA §9-11-42(b)

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • McArthur et al. v. Beech Haven Baptist Church of Athens et al.

    Publication Date: 2021-11-22
    Practice Area: Civil Procedure | Personal Injury
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP.), Atlanta, Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Anthony Cochran, (Smith, Gambrell & Russell, LLP), Atlanta, M. Heath, Matthew Moseley, (Cowsert & Avery, LLP), Athens, Kevin Hudson, Mary Walker, (Hudson Parrott Walker, LLC), Atlanta, Robert Martin, Mark Silver, (Dentons US LLP), Atlanta, Edward Tolley, (Attorney at Law), Athens, Kathryn Whitlock, (Hawkins Parnell Thackston & Young LLP), Atlanta, Stephen Rothring, (The Conner Law Group, P.C.), Savannah, for appellee.
    Case Number: A21A0898

    Court affirms dismissal of sexual abuse claims against churches that hosted Boy Scout meetings because those claims were all time-barred.

  • Connell et al. v. Hamon, As Surviving Child of James Isaac Dickens, Jr., Deceased

    Publication Date: 2021-11-16
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: Robert Howell, (Attorney at Law), Moultrie, Charles Cork, (Attorney at Law), Decatur, Atlanta, for appellee.
    Case Number: A21A0925

    Court reverses denial of defendant's motion on the pleadings in a wrongful death case where plaintiff had no standing to bring a wrongful death claim

  • Barnes v. Barnes

    Publication Date: 2021-10-26
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Randy Williams. Patrick Calvo, (Williams & Thomas, LLP), Atlanta, for appellant.
    for defendant: Aisha Blanchard Collins, (Blanchard Collins Law Firm, LLC), Decatur, for appellee.
    Case Number: A21A1079

    Panel Dismisses Direct Appeal Because Mother Failed to Follow Proper Procedure for Seeking Appellate Review

  • UHS of Peachford v. Brady

    Publication Date: 2021-10-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Hostetter, Molly McCall, (Nall & Miller, LLP), Atlanta, for appellant.
    for defendant: Melissa Peavy, (Melissa M Clyatt Associates PC), Destin, for appellee; Peter Fischer, (Georgia Department of Law), Atlanta, Amy Hoffman, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Rolfe Martin, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, Alphonso Howell, Gregory Talley, Kayla Barnes, (Coleman Talley LLP), Valdosta, Stephanie Vari, (Peters & Monyak, LLP), Atlanta, for other party.
    Case Number: A21A0819

    Court reverses trial court and grants Hospital's motion to dismiss a wrongful death action where plaintiff failed to effect due diligence to serve her complaint

  • Universal Industrial Gases, Inc. v. Action Industries, Inc. et al.

    Publication Date: 2021-10-25
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Howard Strickland, Barret Kirbo, (Jones Cork, LLP), Macon, for appellant.
    for defendant: David Merbaum, (Merbaum & Becker, P.C.), Alpharetta, Andrew Becker, (Merbaum Law Group, P.C.), Alpharetta, Jefferson Slagle, (Thompson & Slagle, LLC), Johns Creek, Eules Mills, Eules Mills, (Mills, Paskert Divers, P. C.), Tampa, Brent Beaver, Zechariah Anderson, Brent Beaver, (Mills Paskert Divers), Atlanta, for appellee.
    Case Number: A21A1183

    No Showing Made That Out-of-State Corporation Needed Authority to do Business in Georgia For Purpose of Standing to Sue