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  • Moody et al v. Hill, Kertscher & Wharton, LLP et al.

    Publication Date: 2021-04-06
    Practice Area: Discovery
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Douglas Chandler, Shaun Rooney, (Chandler Law, LLC), Alpharetta, for appellant.
    for defendant: Mark Rogers, (NCR Corp.), Atlanta, Johannes Kingma, Jennifer Guerra, (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Gregory Digel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for other party.
    Case Number: A18A1011

    Court remands dispute over production of work product documents to trial court for determination of need, undue hardship, and substance of requested materials

  • Foundation Contractors, Inc v. Home Depot U.S.A., Inc.

    Publication Date: 2021-03-18
    Practice Area: Discovery
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Edward Bresee, Arthur Park, (Mozley Finlayson & Loggins, LLP), Atlanta, Laurie Daniel, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Ronan Doherty, Michael Jones, (Bondurant, Mixson, & Elmore LLP), Atlanta, Thomas Hobgood, David Bass, (Hobgood & Rutherford LLC), Atlanta, David Rutherford, (Rutherford Construction Arbitration & Mediation, LLC), Talking Rock, for appellee. Martin Levinson, Elliott Ream, (Hawkins Parnell Thackston & Young LLP), Atlanta, April Rich, (Attorney at Law), Atlanta, Ryan Meade, (Quintairos, Prieto, Wood & Boyer, PA), Atlanta, Todd LaDouceur, (Galloway Johnson Tompkins Burr & Smith), Atlanta, Michael Moretz, (Galloway Johnson Tompkins Burr & Smith), Pensacola, Benjamin Welch, (Fields Howell LLP), Atlanta, for other party.
    Case Number: A20A1771

    Court reverses order granting sanctions for discovery violations when information was not withheld willfully or knowingly.

  • Morris v. Real Estate Expert Advisors, LLC et al.

    Publication Date: 2020-07-07
    Practice Area: Civil Procedure | Discovery
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Arthur York, (Swift Currie Mcghee & Hiers, LLP), Atlanta, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, Tyler Walker, (Fields Howell LLP), Atlanta, Adam Joffe, (Attorney at Law), Atlanta, Robert Noble, (Goodman McGuffey LLP), Atlanta, for appellee. Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for other party.
    Case Number: A20A0038

    Court reverses summary judgment grant that was based on the defendants' responses to requests to admit, which responses were not binding on the plaintiff

  • Baker v. Atlantic States Insurance Company

    Publication Date: 2020-04-21
    Practice Area: Discovery | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kathryn Gentle, (Lloyd & Hogan PC), Birmingham, Eric Maxwell, (Attorney at Law), Fayetteville, for appellant.
    for defendant: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellee. Sylvia Cobb, (Law Offices of Andrews and Manganiello/Geico Staff Counsel), Tucker, for other party.
    Case Number: A19A2337

    Trial Court Retained Jurisdiction to Enter a Written Sanction Award After Announcing Decision to Grant Attorneys' Fees and Costs at Hearing

  • Lee v. Smith

    Publication Date: 2020-03-02
    Practice Area: Discovery | Expert Witnesses
    Industry: Entertainment and Leisure
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Bradley S. Wolff, David Marlow Atkinson, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Matthew Crawford Alford, Nathan David Cronic, Sr., (Willis McKenzie LLP), LaGrange, for appellee.
    Case Number: S18G1549

    Court vacates order excluding testimony of late-identified expert and announces factors to be considered in excluding that testimony

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Portman v. Zipperer et al.

    Publication Date: 2019-06-20
    Practice Area: Discovery
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Willie Fields, (Attorney at Law), Savannah, for appellant.
    for defendant: Beverly O'Hearn, (Lueder, Larkin & Hunter, LLC), Savannah, Francesca Macchiaverna, (Hunter Maclean), Savannah, for appellee.
    Case Number: A19A0014

    Plaintiff's complaint was properly dismissed as a sanction for his not appearing for a deposition.

  • Glover v. Atkinson-Sneed, et al.

    Publication Date: 2019-03-20
    Practice Area: Discovery | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Keishan Davis, Kwame Townes, (Townes, Davis & Associates, LLC), Tucker, for appellant.
    for defendant: Patrick Arndt, Robert Goldstucker, (Nall & Miller, LLP), Atlanta, for appellee.
    Case Number: A18A1565

    Medical Practice Plaintiff's Treating Physician Could Not Testify as to Standard of Care Issues

  • RTA Strategy, LLC et al. v. Silver Comet Terminal Partners, LLC et al.

    Publication Date: 2018-08-27
    Practice Area: Contractual Disputes | Discovery
    Industry: State and Local Government | Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Donald Geary, (The Geary Law Firm, P.C.), Lawrenceville, for appellant.
    for defendant: Anthony Cochran, Emily Ward (Chilivis, Cochran, Larkins & Bever), Atlanta, Lee Carter, (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.
    Case Number: A18A1026

    Third Party Evidence Not Relevant or Discoverable in Breach of Contract Action

  • Anglin et al. v. Smith et al.

    Publication Date: 2018-07-26
    Practice Area: Discovery | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Sidney Moore (The Moore Law Firm P.C.), Atlanta; Render Freeman, Kenneth Bentley (Anderson Tate & Carr PC), Duluth, for appellant.
    for defendant: Wade Copeland (Carlock Copeland & Stair), Atlanta, for appellee.
    Case Number: A16A1405

    Medical MalpracticePlaintiff Could Not Use Affidavit to Refresh Witness's Recollection After Failing Pretrial Duty to Disclose

  • Workman et al v. RL BB ACQ I-GA CVL, LLC et al.

    Publication Date: 2018-06-08
    Practice Area: Civil Procedure | Discovery
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Gus H. Small, Brent William Herrin, Benjamin S. Klehr (Small Herrin, LLP), Atlanta, for appellant.
    for defendant: William J. Shaughnessy, Stephen P. Drobny (Jones Walker, LLP), Atlanta; Michael Anthony Shaw (Jones Walker, LLP), Mobile, for appellee.
    Case Number: S17G1485

    Attorney fees and costs are available under O.C.G.A. § 9-15-14 for conduct that occurs during the course of post-judgment discovery.