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  • Wells Fargo Clearing Services, LLC et al. v. Leggett et al.

    Publication Date: 2022-08-24
    Practice Area: Dispute Resolution
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Keith Barnett, Harold Melton, Elizabeth Waldbeser, Kimberly Eason, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Roger Warin, Shannen Coffin, (Steptoe & Johnson LLP), Washington, for appellant.
    for defendant: Jeffrey Horst, (Krevolin & Horst, LLC), Atlanta, Craig Kuglar, (The Law Office of Craig Kuglar, LLC), Atlanta, for appellee; Robert Port, (Gaslowitz Frankel LLC), Atlanta, for AM.
    Case Number: A22A1149

    Court reverses a superior court order that had vacated an arbitration award, finding that arbitration rules were followed and that the award was not procured by fraud

  • Harbin et al. v. Ritch et al.

    Publication Date: 2022-08-19
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Jackson, (Law Office of John B. Jackson and Associates), Carrollton, for appellant.
    for defendant: William Strickland, (Strickland & Schwartz, LLC), Atlanta, for appellee.
    Case Number: A22A0670

    In a premises liability action, court reverses summary judgment due to questions of property owner's willful and wanton behavior and superior knowledge of fireworks risks

  • IMF Entertainment, LLC v. Herc Rentals, Inc.

    Publication Date: 2022-08-19
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado, (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Thomas Richelo, (Richelo Law Group LLC), Atlanta, for appellee.
    Case Number: A22A0624

    Court reverses summary judgment order in a breach of contract case over nonpayment of fees because of questions of fact about an agent's authority

  • Mecomber v. The State

    Publication Date: 2022-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Arturo Corso, (The Corso Law Center, LLC), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, for appellee.
    Case Number: A22A0953

    D Imposing Felony Sentence Following Conviction For Possession of Child Pornography Did Not Violate Rule of Lenity

  • Bowman v. Rouse

    Publication Date: 2022-06-29
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jacquelyn Luther, (Attorney at Law), Atlanta, for appellant.
    for defendant: Barbara Evans, (Bre Law, LLC), Duluth, for appellee.
    Case Number: A22A0380

    Court affirms modification of child support and parenting order, but vacates arrearages calculation and remands for further consideration,.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action

  • Coral Hospitality-GA, LLC v. Givens et al.

    Publication Date: 2022-04-20
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for appellant.
    for defendant: PHILIP Brown, (O'Neal & Brown, P.C.), Macon, Jon-Selby Hawk, (Morgan & Morgan Atlanta PLLC), Macon, Darren Summerville, Jonathan Flack, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A22A0227

    Court reverses denial of landowner's summary judgment in a premises liability strip-and-fall case because the alleged hazard was open and obvious to the injured plaintiff

  • Francis v. The State

    Publication Date: 2022-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jemelle Francis, (Walker State Prison), Rock Spring, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0466

    Trial Court Factually Erred in Finding There Was No Discussion of Credit For Time Served During Plea Hearing

  • Oldham et al. v. Landrum, III et al.

    Publication Date: 2022-04-19
    Practice Area: Litigation
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Dana Maine, Mallory Ball, (Freeman Mathis & Gary, LLP), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Henry Tharpe, (Sponcler & Tharpe, LLC), Dalton, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A1271

    Court vacates dismissal of abusive litigation complaint and remands for determination of whether real party-in-interest should be added as a plaintiff

  • Williams, III et al. v. Georgia Ports Authority et al.

    Publication Date: 2022-04-04
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noble Boykin, (Jones, Boykin & Associates), Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, Edgar Smith, (Morgan & Morgan, PA), Savannah, for appellee.
    Case Number: A21A1313

    Court reverses dismissal of negligence complaint against an individual, finding that he did not have Eleventh Amendment immunity under federal maritime law