• The State v. Nixon

    Publication Date: 2022-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellant.
    for defendant: Christy Draper, (Attorney at Law), Douglasville, for appellee.

    Case Number: A22A0406

    Court reverses dismissal of aggravated assault charges after finding that missing video evidence was not constitutionally material and was not lost in bad faith

  • Pferrman et al. v. BPS of Tifton, Inc.

    Publication Date: 2022-07-29
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Blair, (Levy, Sibley, Foreman & Speir, LLC), Columbus, John Hadden, (Penn Law, LLC), Atlanta, Chip Morris, Francis Morris, (Morris Law Firm), Tifton, for appellant.
    for defendant: Scott McMickle, (McMickle, Kurey & Branch, L.L.P.), Alpharetta, for appellee.

    Case Number: A22A0581

    Court affirms summary judgment denying claims for strict liability under the High-Voltage Safety Act because defendant was not covered by that Act

  • Glasper v. The State

    Publication Date: 2022-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: H. Morris, (Public Defender Office), Gainesville, Christopher van Rossem, (Northeastern Judicial Circuit Public Defender Office), Gainesville, for appellant.
    for defendant: William Akins, (Assistant District Attorney), Gainesville, Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, for appellee.

    Case Number: A22A0505

    Court reverses revocation of defendant's probation because it had been based on wrongly-admitted evidence that violated the best evidence rule

  • Emory University d/b/a Emory University Hospital Smyrna et al. v. Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital

    Publication Date: 2022-07-28
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Grace Kopache, (Parker, Hudson, Rainer & Dobbs), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, Amy Weil, (The Weil Firm, LLC), Atlanta, for appellee; Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Stacey Hillock, (Department of Community Health), Atlanta, Daniel Walsh, Dale Cecka, (Department of Law, State of Georgia), Atlanta, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for other party.

    Case Number: A22A0111

    Court finds that a health care facility required a new Certificate of Need to convert from a long-term to short-term acute care facility

  • Oliver v. The State

    Publication Date: 2022-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Anthony Oliver, (Augusta State Medical Prison), Grovetown, for appellant.
    for defendant: Shalena Jones, (Eastern Judicial Circuit), Savannah, Donna Sims, (Assistant District Attorney), Savannah, for appellee.

    Case Number: A22A0254

    Court reverses conviction for aggravated stalking because the State failed to prove venue, but affirms convictions for attempted stalking and making a false statement

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    Library of Connecticut Personal Injury Forms and Commentary, 3rd Edition

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  • Kelley et al. v. The Cincinnati Ins. Co.

    Publication Date: 2022-07-28
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: J. Davis, Sarah Martin, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, for appellant.
    for defendant: James Brieske, (Attorney at Law), Atlanta, David Lift, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for appellee; Jason Sanker, (McRae, Stegall, Peek, Harman, Smith & Manning), Rome for other party.

    Case Number: A22A0534

    Court affirms denial of uninsured motorist coverage under OCGA §33-7-11 for injuries caused by accidents between two watercraft on a public waterway.

  • Darden v. Progressive Mountain Insurance Company et al.

    Publication Date: 2022-07-27
    Practice Area: Insurance Litigation
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Calabro, (Attorney at Law), Chamblee, for appellant.
    for defendant: Elliot Durham, (Blake Durham Law, LLC), Evans, William Turnipseed, (Savell & Williams), Atlanta, for appellee.

    Case Number: A22A0369

    Court affirms summary judgment to one insurer but reverses as to another in a contractual insurance coverage dispute over whether certain policy exclusions applied

  • Backman v. Backman

    Publication Date: 2022-07-27
    Practice Area: Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kathy Portnoy, (Portnoy, Garner & Nail, LLC), Atlanta, for appellant.
    for defendant: Beverly Cohen, (Attorney at Law), Roswell, Norman Cuadra, (Norman H. Cuadra, P.C.), Lawrenceville, for appellee.

    Case Number: A22A0428

    Immigrant's sponsor had a federal support obligation notwithstanding a waiver of support in a prenuptial agreement, but that obligation was limited by her income

  • Patel v. Duke Hospitality, LLC et al.

    Publication Date: 2022-07-27
    Practice Area: Employment Litigation | Privacy
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: James Hawkins, (James W Hawkins LLC), Cumming, Cary Ichter, (Attorney at Law), Atlanta, William Davis, (Ichter Davis, LLC), Atlanta, for appellee.

    Case Number: A22A0277

    Court reverses summary judgment order that had been against former employee's claims of computer violations, invasion of privacy, and conversion

  • Johnson v. The State

    Publication Date: 2022-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Weston, (The Weston Law Firm), Augusta, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney’s Office), Augusta, for appellee.

    Case Number: A22A0299

    Court reverses convictions for robbery by force because defendant's trial addressed three incidents that occurred over thirteen months, which should have been severed