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  • Golden Peanut Company, LLC et al. v. Miller et al.

    Publication Date: 2022-03-30
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Caplan, Timothy Waddell, (Caplan Cobb LLP), Atlanta, Danielle Le Jeune, (Cozen O'Conner), Atlanta, Tia Ghattas, Amy Doig, (Cozen O'Conner), Chicago, Josh Greenbaum, (Cozen O'Conner), Philadelphia, for appellant.
    for defendant: James King, (The King Firm), Tifton, Bree Sullivan, (The Sullivan Firm), Thomasville, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellee; Nathan Gaffney, (Fried Rogers Goldberg), Atlanta, Mark Johnson, Judson Turner, (Gilbert Harrell Sumerford & Martin P.C.), Brunswick, for AM.
    Case Number: A21A1269

    Court finds that a trailer owner is not directly or vicariously liable for independent contractor's torts, and that accident reconstruction report is admissible under Rule 702

  • In Re the Estate of Elinor J. Ferrell

    Publication Date: 2022-03-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Deborah Haughton, (Haughton Law, LLC), Marietta, for appellant.
    for defendant: Jerry Ferrell, College Park, Larry Ferrell, Atlanta, Harold Ferrell, College Park, James Greason, (Attorney at Law), Stone Mountain, for appellee.
    Case Number: A21A1361

    Court reverses denial of motion for attorney fees from individuals who filed a caveat to the probate of a will where those individuals failed to show evidence for their caveat

  • Owens et al. v. Larry Franklin Properties, Inc.

    Publication Date: 2022-03-22
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, for appellant.
    for defendant: James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, for appellee.
    Case Number: A21A1787

    Court reverses summary judgment that had been in favor of a landlord in a premises liability negligence case, but affirms summary judgment for landlord on fraud claims

  • Tanksley v. The State

    Publication Date: 2022-03-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Peter Johnson, (Attorney at Law), Augusta, for appellant.
    for defendant: Kevin Majeska, (District Attorney, Columbia Jud. Circuit), Evans, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1401

    Court affirms convictions and recidivist sentence for burglary and other crimes over defendant's multiple challenges to recidivist findings at his resentencing

  • In Re the Estate of Joyce Marie Plybon, Deceased

    Publication Date: 2022-03-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jason Graham, (Graham Legal, LLC), Atlanta, Robert Kozloski, (Parks Chesin & Walbert, P.C.), Atlanta, for appellant.
    for defendant: Robert Hughes, Robert Stuckey, (Robert W. Hughes & Associates, P.C.), Lawrenceville, for appellee.
    Case Number: A21A1740

    Probate Court Had Jurisdiction to Construe and Enforce Consent Order Between Heirs to Decedent's Estate

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri, Bret Weatherford

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  • Smith v. The State

    Publication Date: 2022-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Rex Abernathy, (Rex Abernathy Law), Summerville, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1483

    Court affirms aggravated assault and battery convictions over defendant's challenges to jury instructions and contentions of ineffective assistance of counsel

  • Demeritte v. The State

    Publication Date: 2022-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Pilgrim, (Carter Pilgrim Stroud, LLC), Suwanee, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A1613

    Court affirms convictions for aggravated assault and cruelty to children over defendant's contentions of ineffective assistance of counsel

  • Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. et al. v. Kirby et al.

    Publication Date: 2022-02-28
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: T. Archer, James Hollis, (Balch & Bingham LLP), Atlanta, E. Hogan, Allison Ryan, Briana Black, Catherine Stetson, (Hogan Lovells US LLP), Washington, for appellant.
    for defendant: Jason Doss, (The Doss Firm, LLC), Marietta, Jason Kellogg, (Levine Kellogg Lehman Schnider + Grossman LLP), Miami, for appellee.
    Case Number: A21A1387

    Court affirms denial of motion to dismiss claims against health insurer for misrepresentation and breach of contract, noting that the filed-rate doctrine does not apply

  • Huff v. The State

    Publication Date: 2022-02-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1539

    Defendant Acquiesced in Counsel's Waiver of Defendant's Right to be Present at Bench Conferences

  • Huggins v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Scott Huggins, (Attorney at Law), Cumming, for appellant.
    for defendant: Penny Penn, Sandra Partridge, (Chief Assistant District Attorney Office of District Attorney), Cumming, for appellee.
    Case Number: A21A1694

    Court affirms convictions for sexual assault of a student and sexual battery over defendant's contentions of insufficient evidence and ineffective assistance of counsel