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  • Coen v. Aptean, Inc. et al

    Publication Date: 2018-07-05
    Practice Area: Damages | Employment Litigation | Personal Injury
    Industry: Software
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Timothy Coen, Atlanta, for appellant.
    for defendant: Matthew Ames (Balch & Bingham LLP), Atlanta; Steven Collins (Alston & Bird LLP), Atlanta; Richard Robbins (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta; Alexa Ross (Robbinsfreed), Atlanta, for appellee.
    Case Number: A18A0522

    Abusive Litigation Plaintiff Could Elect to Seek General Damages For Mental Distress

  • Ramirez v. The State

    Publication Date: 2018-05-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jason Hood (Attorney at Law), Calhoun, for appellant.
    for defendant: Rosemary Greene (District Attorney), Calhoun; Sharon Fox (Gordon County District Attorney's Office), Calhoun, for appellee.
    Case Number: A18A0502

    Defendant Who Was Not Present at Bench Conference When Attorneys and Judge Discussed Jury Selection Issues Was Not Denied His Right To Be Present At All Trial Proceedings

  • Moore v. Hullander

    Publication Date: 2018-05-21
    Practice Area: Attorney Rates and Arrangements | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Niedrach (Attorney at Law), Rome, for appellant.
    for defendant: Anthony Perrotta (Attorney at Law), Cartersville, for appellee.
    Case Number: A18A0592

    The Court vacated the award of attorney fees to wife in a dispute with her ex-husband over child custody and child support and remanded the case for the trial court to reconsider whether attorney fees should be granted and, if so, to enter a judgment containing sufficient findings of fact and conclusions of law to support such an award.

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Northlake Manor Condominium Assoc, Inc. v. Harvest Assets, LLC

    Publication Date: 2018-05-09
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: John Ayoub, Carolina Bryant (Ayoub & Mansour LLC), Atlanta, for appellee.
    Case Number: A18A0653

    The trial court erred in denying condo association's claim for unpaid condominium association assessments that had accrued during the pendency of litigation between association and LLC that purchased the tax deed for a condominium in the Association.

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2018-05-08
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell (Bell Law Firm), Atlanta; Sidney Moore (The Moore Law Firm PC), Atlanta; James Wilson (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell (Huff Powell Bailey LLC), Atlanta, for appellee. Heather McGrotty (Weathington Mgrew PC), Atlanta; Paul Weathington (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    The trial court erred in denying plaintiffs' motion for additur or, alternatively, for a new trial on damages, because the jurys award of zero damages for medical malpractice plaintiff's past pain and suffering rendered the award of damages so clearly inadequate under a preponderance of the evidence as to shock the conscience and necessitate a new trial under O.C.G.A. § 51-12-12 (b).

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant

  • Barrow v. Dunn

    Publication Date: 2018-04-05
    Practice Area: Environmental Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Malissa Kaufold-Wiggins, Tyler Bishop (Balch & Bingham LLP), Atlanta; Hugh McNatt, Hugh Peterson (McNatt, Greene & Peterson, PC.) Vidalia; Jonathan Schwartz (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Suzanne Osborne (Department of Law), Atlanta; John Hennelly (Assistant Attorney General), Atlanta; James Coots (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith (Attorney at Law), Richmond Hill, for other party.
    Case Number: A17A1385

    Environmental Protection Division Granted Wastewater Treatment Facility Permit Without Conducting Required Antidegradation Analysis

  • Bruno v. Light

    Publication Date: 2018-04-02
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming; Cynthia English (Banks and Stubbs, LLP), Cumming, for appellant.
    for defendant: Darla Light, Cumming, for appellee.
    Case Number: A17A1967

    Three-Year Protective Order Banning Stalker From His Own Residence Was Overbroad

  • Samaca, LLC. v. Cellairis Franchise, Inc. et al.

    Publication Date: 2018-04-02
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Martin (D.R. Martin, LLC), Atlanta, for appellant.
    for defendant: Jared Miller, Ronald Coleman, Justin Gunter (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee. Cell Phone Mania, LLC (c/o OZ Aharon), North Miami Beach; Cell Phone Mania, LLC (c/o OZ Aharon), Davie, for other party.
    Case Number: A17A1715

    Agreement Regarding Specific Assignments and Assumptions Was Not Wholly Separate From Initial Purchase Agreement Containing Arbitration Clause