(Credit: andranik123/Adobe Stock) Which Comes First: Discretionary or Interlocutory Appeal? High Court Tackles Procedural Dispute
"For you to prevail, I think you need to be able to show that the renewal action is the same 'the case' in which the voluntary dismissal was filed," Presiding Justice Nels S. D. Peterson told appellee counsel during oral arguments.
September 18, 2024 at 09:47 AM
8 minute read
Civil Appeals
What You Need to Know
- Supreme Court of Georgia hears oral argument challenging appellate procedural in underlying attorneys fees and expenses dispute.
- Appellants argue the Georgia Court of Appeals erroneously concluded plaintiffs needed to file interlocutory, rather than discretionary, appeal to challenge fee award linked to voluntarily dismissed, but subsequently renewed premise liability action.
- Appellee contends that the intermediate appellate court properly dismissed the appellants' discretionary appeal application since no final judgment existed.
A dispute over attorney fees awarded to defendants in a voluntarily dismissed premises liability case has warped into a procedural debate before the Supreme Court of Georgia.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Related Stories
View AllYou Might Like
View All
'Paragraph V Displaced Lathrop': High Court Mulls Sovereign Immunity Waiver Disputes
7 minute read
11th Circuit Revives Project Veritas' Defamation Lawsuit Against CNN
State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover
High Court to Weigh If Amended Complaints Establish Sovereign Immunity Waiver
6 minute readLaw Firms Mentioned
Trending Stories
- 1When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith
- 2Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
- 3Legal Speak at General Counsel Conference East 2024: Bill Tanenbaum, Partner & Chair, AI & Data Law Practice Group at Moses Singer
- 4Morgan & Morgan Looks to Grow Into Complex Litigation While Still Keeping its Billboards Up
- 5Thursday Newspaper
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
