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  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Cordial Endeavor Concessions of Atlanta, LLC v. Gebo Law LLC

    Publication Date: 2024-03-11
    Practice Area: Damages
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christine Mast, Thomas Buckler, (Hawkins Parnell & Young LLP), Atlanta, for appellant.
    for defendant: Donna Johnson, Atlanta, Tyler Dillard, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A23A1474

    Court affirms $1.15 million damages award for unpaid legal services in a quantum meruit lawsuit filed by an attorney who provided those services

  • Sherritt v. SB Paulding Commons, LLC

    Publication Date: 2024-03-11
    Practice Area: Damages | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
    for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
    Case Number: A23A1647

    Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard

  • Alexander et al. v. Francis

    Publication Date: 2023-11-16
    Practice Area: Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Davis, (Ichter Davis, LLC), Atlanta, for appellant.
    for defendant: Heather Brown, (Brown Law, LLC), Roswell, for appellee.
    Case Number: A23A0934

    Trial Court Lacked Jurisdiction to Open Default After Defendants Failed to Plead Meritorious Defense

  • 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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  • Lowe v. Wallace et al.

    Publication Date: 2023-09-18
    Practice Area: Damages | Real Estate
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alexandre Kachin, (Lindsey & Lacy, PC), Peachtree City, for appellant.
    for defendant: Doug Wallace, Fayetteville, for appellee.
    Case Number: A23A0734

    Trial Court Erred by Considering Issues Related to Liability at Trial on Damages Following Default Judgment

  • Nanoventions, LLC v. Daniels

    Publication Date: 2023-08-22
    Practice Area: Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stuart Mones, (Attorney at Law), Atlanta, for appellant.
    for defendant: Steven Daniels, (Montgomery State Prison), Mt. Vernon, Bonnie Hutchinson, Cumming, for appellee.
    Case Number: A23A0295

    Court reverses order denying damages against a defendant in a RICO case against whom a default judgment was entered, and reverses and remands on an attorney fee issue

  • Arnold v. Liggins

    Publication Date: 2023-08-16
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Travis Meyer, Jack Parker, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Crystal Kesler, (Ckesler Law, LLC), Atlanta, Clarence Bryant, (C. E. Bryant Law Firm), Atlanta, for appellee.
    Case Number: A23A0331

    Court affirms a jury's damages award in a car accident case but reverses attorney fee award because a lower settlement demand was not served in accordance with the statute

  • Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

    Publication Date: 2023-08-15
    Practice Area: Damages | Evidence
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, Nathan Lee, (Glover & Davis, P.A.), Newnan, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Nowell Berreth, (Alston & Bird LLP), Atlanta, Max Marks, (The Block Firm, LLC), Atlanta, for appellee.
    Case Number: A23A0438

    Court affirms punitive damages and fee awards for a lessee of farm property after a successor lessor locked the lessee out of the property with malice and in bad faith

  • Atlantic Star Foods, LLC v. Burwell

    Publication Date: 2023-07-11
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Derek Mendicino, (Penna & Mendicino), Conyers, for appellant.
    for defendant: Stephen Robinson, India Ali, (The Law Offices of Stephen H. Robinson), Atlanta, for appellee.
    Case Number: A23A0020

    Trial Court's General Instructions Adequately Charged Jury on Negligence and Proximate Cause