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  • Viad Corp v. United States Steel Corporation

    Publication Date: 2018-02-08
    Practice Area: Environmental Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Alston & Bird, Daniel F. Diffley, Kyle G. A. Wallace, Annalise K. Peters; Moore Clarke DuVall & Rodgers, James H. Moore III, Matthew D. DeMott, for appellant.
    for defendant: Watson Spence, Louis E. Hatcher, Alfreda L. Sheppard, F. Faison Middleton IV, Christopher L. Foreman, for appellee.
    Case Number: A17A0937

    Plaintiff could not claim indemnity for its own negligence after State ordered it and its predecessor to pay for environmental remediation of certain property because the assumption agreement did not expressly, plainly, clearly and unequivocally provide that predecessor would indemnify plaintiff to that extent; accordingly, the trial court erred in granting plaintiff's motion for summary judgment in its suit for indemnification.

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    Publication Date: 2018-02-07
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Swope Rodante, Brandon G. Cathey, for appellant.
    for defendant: Dentons US, J. Stephen Berry, J. Randolph Evans, Robin N. Johnson, for appellee.
    Case Number: A17A0735

    The trial court erred in granting summary judgment to insurer on plaintiff's claim alleging that insurer was liable for failing to settle an insurance claim, because genuine issues of material fact remained, but properly granted summary judgment to insurer on plaintiff's claims for attorney fees and punitive damages, because plaintiff failed to point to any evidence of bad faith or willful or wanton conduct.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.
    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Zambetti v. Cheeley Investments, L.P. et al.

    Publication Date: 2018-02-07
    Practice Area: Civil Appeals | Contracts
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jeffrey L. Evans, for appellant.
    for defendant: Miles Patterson Hansford Tallant, Dana B. Miles; Conley Griggs Partin, Cale Conley, Andre T. Tennille III, Alyssa B. Baskam, for appellees.
    Case Number: A17A1052

    The Court affirmed the jury verdict in favor of plaintiffs in their suit for breach of contract and promissory estoppel arising out of defendant's oral agreement to pay the attorney fees of his legal adversaries in a real estate transaction.

  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.
    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

  • Rogers v. Deutsche Bank National Trust Company et al.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: The Ratchford Firm, Warren E. Ratchford, for appellant.
    for defendant: Duane Morris, Steven D. Ginsburg, Kenneth B. Franklin, for appellees.
    Case Number: A17A1256

    The Court reversed the denial of defendant's motion to vacate an order substituting a new plaintiff; vacated the orders substituting the new plaintiff, granting summary judgment to the new plaintiff, and requiring defendant to post a supersedeas bond as a condition for the stay of enforcement of the summary judgment order; and remanded the case for further proceedings, finding that the trial court made an error of law and failed to exercise its discretion in substituting the new plaintiff.

  • In the Interest of R. C. et al., children.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: LeGault Legal, Michelle R. LeGault, for appellant.
    for defendant: Christopher M. Carr, Attorney General, Annette M. Cowart, Deputy Attorney General, Shalen S. Nelson, Penny L. Hannah, Senior Assistant Attorneys General, Marie Y. Watson, Assistant Attorney General, for appellee.
    Case Number: A17A1277

    The Court reversed the termination of mother's parental rights to her two minor children, holding that she was denied due process based on improper service by publication.

  • Kea v. The State

    Publication Date: 2018-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Darrell Reynolds (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Stephen Putnam (Clayton County Solicitor General), Jonesboro; Tasha Mosley (Solicitor General), Jonesboro, for appellee.
    Case Number: A17A1555

    The evidence did not support defendant's conviction for use of a license plate to conceal the identity of a vehicle pursuant to O.C.G.A. § 40-2-5 subsection (a) because the revalidation decal on defendant's vehicle was stolen from another vehicle, not the license plate, and that statute only covers license plates, not revalidation decals; however, the evidence did support defendant's convictions for sexual battery and pandering.

  • Hayes v. The State

    Publication Date: 2018-02-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Marion Hayes (GA State Prison), Reidsville, for appellant.
    for defendant: Joshua Morrison (Fulton County DA's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellee.
    Case Number: A16A0588

    The Court of Appeals affirmed defendant's convictions and sentences on his Alford plea to burglary and other offenses as the trial court did not participate in plea negotiations in violation of Uniform Superior Court Rule 33.5 (A) and its colloquy with defendant, in which it advised him of the maximum sentence that he could face upon conviction, was permissible.

  • Kruel v. The State

    Publication Date: 2018-02-02
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mario Ninfo (Ninfo & Associates, P.C.), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1729

    The evidence supported defendant's convictions for child molestation and third-degree cruelty to children after he molested a 9-year-old girl in front of her twin brother and the trial court was authorized under O.C.G.A. § 42-1-12 to require defendant to register as a sex offender as part of his sentence.