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Publication Date: 2018-06-13
Practice Area: Administrative Law | Labor Law | Personal Injury
Industry: Entertainment and Leisure | Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellant.
for defendant: William Smith (W. Calvin Smith, II, P.C.), Atlanta, for appellee.
Case Number: A18A0552
ALJ Erred in Determining That Injured Workers' Compensation Claimant Could Choose Her Own Treating Physician
Publication Date: 2018-05-03
Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
Industry: Education | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.
Case Number: A17A1469
The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.
Publication Date: 2018-04-23
Practice Area: Administrative Law | Civil Procedure | Labor Law
Industry: Entertainment and Leisure
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
Case Number: A17A1498
Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board
Publication Date: 2018-04-03
Practice Area: Administrative Law | Labor Law | Toxic Torts
Industry: Manufacturing
Court: Georgia Court of Appeals
Judge: Judge Reese
Attorneys: For plaintiff: Robert Buck, Juliana Sleeper (Buck Law Firm), Atlanta, for appellant.
for defendant: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellee.
Case Number: A17A1726
Workers' Compensation Board Lacked Jurisdiction Over Work-Related Injuries Resulting From Out-Of-State Asbestos Exposure
Publication Date: 2018-02-22
Practice Area: Administrative Law | Tax
Industry:
Court: Georgia Supreme Court
Judge: Justice Boggs
Attorneys: For plaintiff: Joseph A. Homans, Catherine T. Crawford (Fox, Chandler, Homans, Hicks & McKinnon), Dawsonville, for appellant.
for defendant: Jeremy Ethan Underwood, Lauren Clipp Giles (Miles Hansford & Tallant, LLC), Cumming, for appellee.
Case Number: S17A1421
The trial court properly granted summary judgment to the taxpayers in their suit against a county board of tax assessors because the plain language of the O.C.G.A. § 48-5-311, as amended, required the board to schedule and notice a settlement conference with the taxpayer within 45 days of receipt of the taxpayers' notice of appeal and provided that the appeal terminated in the event the board elected not to do so, which it did.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2018-02-16
Practice Area: Administrative Law | Attorney Compensation
Industry:
Court: Georgia Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.
Case Number: A17A1983
The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.
Publication Date: 2018-01-08
Practice Area: Administrative Law | Education Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Jerry Lumley, Sarah Harper (Lumley & Harper, LLC), Macon, for appellant.
for defendant: Christopher Carr (Attorney General), Atlanta; Rebecca Mick (Assistant Attorney General), Atlanta; Jennifer Colangelo (Office of the Attorney General), Atlanta, for appellee.
Case Number: A17A1885
The Court partially reversed the superior courts order affirming the final decision of the Georgia Professional Standards Commission to suspend an educators teaching certificate for 60 days based on three alleged ethical violations.
Publication Date: 2017-12-07
Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
Industry: Real Estate
Court: Georgia Supreme Court
Judge: Justice Grant
Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
Case Number: S17A1140
The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.
Publication Date: 2017-11-06
Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
Industry:
Court: Supreme Court
Judge: Justice Nahmias
Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.
Case Number: S17A1064
The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.
Publication Date: 2017-10-20
Practice Area: Administrative Law | Real Estate
Industry:
Court: Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Kevin Meeks, Charles Palmer (Troutman Sanders LLP), Atlanta, for appellant.
for defendant: Christopher Carr (Attorney General), Atlanta; Ronald Freeman (Johnson & Freeman, LLC), Union City; Mary Volkert (Assistant Attorney General), Atlanta, for appellee.
Case Number: A17A0647
The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act.
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