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  • United Cerebral Palsy of GA Inc. v. Georgia Dep't of Behavioral Health Developmental Disabilities

    Publication Date: 2017-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Rebeccah Bower, Jonathan Rue Parker Hudson Rainer Dobbs LLP, Eric Taylor Hunton Williams LLP, Atlanta, and Deepak Jeyaram Jeyaram Associates Inc., Duluth, for appellant.
    for defendant: . Samuel S. Olens, Christopher Carr, Attorneys General, Dennis Dunn, Deputy Attorney General, Shalen Nelson, Senior Assistant Attorney General, Jennifer Dalton, Assistant Attorney General, Joshua Belinfante, Vincent Russo, Kimberly Anderson Robbins Ross Alloy Belinfante Littlefield LLC, Jaime Theriot, and John Phillips Troutman Sanders, Atlanta, for appellees. Amicus: Jordan Kearney Arnall Golden Gregory LLP, Atlanta.
    Case Number: A14A1548; A14A1549

    Administrative agencies' alleged failure to give plaintiffs proper notice of adverse agency decisions did not excuse plaintiffs from the exhaustion of administrative remedies requirement before fili

  • Ward v. State

    Publication Date: 2017-01-12
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Margaret Heinen Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Herbert Poston, District Attorney, and Forest Miles, Assistant District Attorney, Dalton, for appellee.
    Case Number: A16A1339

    The trial court did not abuse its discretion in allowing admission of redacted lyrics of a rap song defendant had written, because the lyrics were relevant to the issue of witness intimid

  • Ray Mashburn Homes LLC v. Charterbank

    Publication Date: 2017-01-03
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles Conerly and David Luzum Smith Conerly LLP, Carrollton, for appellant.
    for defendant: . Kenneth Crawford Hartley, Rowe Fowler PC, Douglasville, for appellee.
    Case Number: A16A1244

    The Court partially reversed the grant of summary judgment to bank in its suit on two promissory notes and a guaranty, because material issues of fact existed as to the amount of da

  • Chrysler Grp. LLC v. Walden

    Publication Date: 2016-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Terry Brantley, Alicia Timm, Mary Owens, Bradley Wolff Swift, Currie, McGhee Hiers LLP, Atlanta, Bruce Kirbo Kirbo Kendrick, Bainbridge, Thomas Dupree, and Rajiv Mohan Gibson, Dunn Crutcher LLP, Washington, DC, for appellant.
    for defendant: James Butler Butler Tobin LLC, Robert Betts Seacrest Karesh Tate Bicknese LLP, Leigh May Butler, Wooten, Fryhofer LLP, Karsten Bicknese, Atlanta, James Butler Butler, Wooten, Fryhofer LLP, Columbus, L. Catharine Cox Young Harris College, Young Harris, and George Floyd Floyd Kendrick LLC, Bainbridge, for appellees. Amicus Curiae: Madison Kitchens and Chilton Varner King Spalding LLP, Atlanta.
    Case Number: A16A1285

    The Court affirmed the $40M verdict for plaintiffs in a wrongful death suit arising after the gas tank of a Chrysler Jeep Grand Cherokee was puncture during a collision, causing the vehicle to catch

  • Dickson v. State

    Publication Date: 2016-12-30
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Harvey Wasserman and Connor Magill Public Defender's Office, Royston, for appellant.
    for defendant: David White, District Attorney, Hartwell, and Brian Atkinson, District Attorney, Carnesville, for appellee.
    Case Number: A16A1276

    The Court affirmed defendant's convictions for first degree vehicular homicide, serious injury by vehicle, possession of a schedule IV controlled substance and driving on the wrong side of the road,

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Occidental Fire Cas. Of North Carolina v. Goodman

    Publication Date: 2016-12-29
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: R. Clay Porter, John Dixon, and Mary Cooper Dennis, Corry, Porter Smith LLP, Atlanta, for Occidental. Robert Ashe, Michael Terry Bondurant Mixson Elmore, John Peavy Peavy Law LLC, Atlanta, Kathryn Carpenter, and Andrew Ausband The Ausband Firm, Stockbridge, for Goodman. Jo Meeks James-Bates-Brannon-Groover LLP, Atlanta, for Stover.
    for defendant:
    Case Number: A16A1372; A16A1373

    The trial court properly granted summary judgment to plaintiffs on their claim for reformation of an insurance policy to name the correct insured, as the evidence showed that the mistake was m

  • Hall v. B-H Transfer Co.

    Publication Date: 2016-12-27
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Turner Savage, Turner, Pinson Karsman, Savannah, for appellant.
    for defendant: . J. Thomas Kilpatrick, Charles Morgan Alston Bird, Atlanta, Hugh McNatt McNatt Greene Peterson, Vidalia, Daniel Barney, Scopelitis, Garvin, Light, Hanson Feary PC, Washington, DC, Adam Smedstad Scopelitis, Garvin, Light, Hanson Feary PC, Chicago, IL, and Braden Core Scopelitis, Garvin, Light, Hanson Feary PC, Indianapolis, IN, for appellee.
    Case Number: A16A1455

    Plaintiffs failed to point to any evidence that they sustained actual damages because of defendant's violations of the disclosure requirements of the Truth-in-Leasing regulations, 49 CFR §§ 376.1 e

  • Douglas Asphalt Co. v. Martin Marietta Aggregates

    Publication Date: 2016-12-22
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kathryn Pinckney and Brent Savage Savage Turner PC, Savannah, for appellant.
    for defendant: Anthony Rowell Hall Booth Smith PC, Tifton, Bradley Harmon Hunter, MacLean, Exley Dunn PC, Savannah, Kenneth Futch, Alma, and Thomas Pujadas, Ocilla, for appellees.
    Case Number: A16A0722

    Defendant failed to point to evidence giving rise to a triable issue on its rclaim for breach of contract in plaintiff's suit on ac

  • Hafeez v. State

    Publication Date: 2016-12-21
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Bryan Howard Howard Law Group, Douglasville, for appellant.
    for defendant: Donald Donovan, District Attorney, and Anthony Williams, Assistant District Attorney, Dallas, for appellee.
    Case Number: A16A1174

    The evidence supported defendant's convictions for aggravated assault and armed robbery arising after he pulled a gun on a convenience store clerk and demanded money from the cash reg

  • Kritlow v. State

    Publication Date: 2016-12-19
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sean Lowe, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert Franklin, District Attorney, LaFayette, and Alan Norton, Assistant District Attorney, Ringgold, for appellee.
    Case Number: A16A1093

    Evidence of defendant's two prior convictions for sexual offenses was relevant and admissible in defendant's trial for aggravated sodomy, aggravated sexual battery, aggravated assault, false impriso