• Cruz et al. v. Xytex Corporation et al.

    Publication Date: 2021-09-23
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James McDonough, (Heninger Garrison Davis, LLC), Atlanta, William Garrison, Brandy Robertson, (Heninger Garrison Davis), Birmingham, David Newdorf, (Newdorf Legal), Oakland, Nancy Hersh, (Hersh & Hersh), San Francisco, for appellant.
    for defendant: Alison Currie, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Linda Jordan, (Watkins Lourie Roll Chance PC), Atlanta, for appellee.

    Case Number: A20A0040

    Claims based on injuries derived from children's lives are not cognizable under Georgia law, but claims predating their lives may be pled as consumer fraud claims

  • Express Employment Professionals et al. v. Barker

    Publication Date: 2021-09-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Peery, Nichole Novosel, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: John Dufour, (VAN Pelt & Dufour), Carrollton, for appellee; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for other party.

    Case Number: A21A0912

    Court reverses trial court and agrees with administrative law board in ruling that injured employee is not entitled to further workers' compensation benefits

  • Watkins v. The State

    Publication Date: 2021-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nefertara Clark, (Clark & Clark Law Group, LLC), Atlanta, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.

    Case Number: A21A1126

    Evidence Defendant Rendered Victim's Arm Useless By Fracturing His Collarbone Supported Conviction For Aggravated Battery Litigation: Yes

  • Harrison v. Whitaker

    Publication Date: 2021-09-22
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Alexis Harrison, Rudyard, for appellant.
    for defendant: Kristen Williams, (Patrick, Beard, Schulman & Jacoway), Chattanooga, for appellee.

    Case Number: A21A0755

    Court vacates and remands denial of petitioner's motion for modification of child custody because trial court failed to make findings on changed circumstances

  • Reese v. The State

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Ralph Villani, (Villani Law Firm), Gainesville, for appellant.
    for defendant: Deborah Gonzalez, Robert Schollmeyer, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.

    Case Number: A21A1109

    Court affirms rape conviction over defendant's challenge to trial court's denial of his Batson challenge to the State's use of preemptory strikes against certain jurors

  • Dukes v. The State

    Publication Date: 2021-09-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Macklyn Smith, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Patsy Austin-Gatson Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Samuel d'Antremont, (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: A21A1074

    Court affirms denial of new trial motion in a shooting case over defendant's contentions of bias, conflicts, improper jury selection, and denial of a fair trial

  • Jacobs v. The State

    Publication Date: 2021-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Head, (Waycross Judicial Circuit Public Defender's Office), Waycross, for appellant.
    for defendant: George Barnhill, (District Attorney's Office), Waycross, Ian Sansot, (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.

    Case Number: A21A1179

    Banishment Condition Not Violated Absent Showing Probationer Willfully Remained in County After Being Brought There by Police

  • Norrod v. Willingham

    Publication Date: 2021-09-20
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Vic Hill, (Attorney at Law), Marietta, Brad MacDonald, (Hill/MacDonald, LLC), Marietta, for appellant.
    for defendant: Lance Dutton, (Brown & Dutton Law Firm), Marietta, for appellee.

    Case Number: A21A0746

    Court reverses denial of petitioner's motion for a new trial in a divorce proceeding because that motion was not untimely filed and the trial court failed to hold a hearing

  • Lowe et al. v. Etheridge, As Natural Parent of Next of Kin Clinton Giddens et al.

    Publication Date: 2021-09-20
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Ken Jarrard, Patrick Dodson, (Jarrard & Davis, LLP), Cumming, for appellant.
    for defendant: Ashley Mackin, (Ashley Tyson Mackin PC), Gray, Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.

    Case Number: A21A0761

    Court reverses denial of county employees' motion for summary judgment in a wrongful death case, finding that employees were entitled to a sovereign immunity defense

  • Troika Entertainment, LLC et al. v. Mendez

    Publication Date: 2021-09-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George Duncan, William Pate, (Dennis Corry Smith & Dixon LLP), Atlanta, for Appellant.
    for defendant: Andrew Hagenbush, Sheila Bilimoria, (Atlanta), Atlanta, for Appellee.

    Case Number: A21A0719

    Court affirms denial of defendant's motion to open default in a personal injury case

  • Quynn v. Hulsey et al.

    Publication Date: 2021-09-14
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Jacquelyn Smith, (Attorney at Law), Alpharetta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for Appellee.

    Case Number: A19A0689

    Court adopts a Georgia Supreme Court opinion, vacates a part of its earlier, and reverses a partial summary judgment grant for an employer in a negligence case