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  • McKean v. GGNSC Atlanta LLC

    Publication Date: 2014-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Sadd and Daniel Epstein Slappey & Sadd LLC, Atlanta, for appellant.
    for defendant: . Daniel Mills, Christian Lang, and David Marshall Hawkins & Parnell LLP, Atlanta, for appellees.
    Case Number: A14A1396

    The wrongful death plaintiff was not authorized to bind his mother and her estate's successors to an arbitration agreement he signed ostensibly on his mother's behalf when she was admitted to a nurs

  • Effingham Cnty. v. Roach

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Benjamin Perkins Oliver Maner LLP, Savannah, for appellant.
    for defendant: Owen Murphy, Savannah, for appellee.
    Case Number: A14A1236

    The trial court properly denied the defendant County's second motion for summary judgment in a breach of contract a

  • RLBB Acquisition LLC v. Baer

    Publication Date: 2014-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: April Freeman and Michael Shaw Jones, Walker, Waechter, Poitevent, Atlanta, for appellant.
    for defendant: Fredric Chaiken Chaiken Klorfein LLC, Atlanta, for appellee.
    Case Number: A14A1126

    The trial court did not abuse its discretion in dismissing the complaint with prejudice as a sanction for the plaintiff's failure to comply with a prior order compelling disc

  • Owens v. State

    Publication Date: 2014-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jennifer Arndt, Assistant Public Defender, Covington, for appellant.
    for defendant: Layla Zon, District Attorney, and Jillian Hall District Attorney's Office, Covington, for appellee.
    Case Number: A14A0980

    The victim's 911 calls were admissible, since they were non-testimonial in nature and fell under the present sense impressions exception to the hearsay

  • Jackson v. State

    Publication Date: 2014-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Bonner and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Deah Warren, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A14A1352

    The trial court did not err in giving the defendant's requested jury charge on accident but refusing to give his requested charge on justific

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Ingram v. State

    Publication Date: 2014-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Dawn Belisle, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A1388

    The State has no duty to repeat Miranda warnings in separate interviews that are part of a continuing interrog

  • Holland v. State

    Publication Date: 2014-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Leonard Danley Danley & Associates, Douglasville, for appellant.
    for defendant: Douglas Vassy, Solicitor General, Carrollton, for appellee.
    Case Number: A14A1119

    The evidence was sufficient to support the defendant's conviction for driving under the influence of a controlled substance after he caused an automobile acc

  • Bettes v. State

    Publication Date: 2014-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jennifer Lewis, Public Defender, McDonough, for appellant.
    for defendant: James Wright, District Attorney, Sandra Rivers, Assistant District Attorney, and Ralph Bailey District Attorney's Office, McDonough, for appellee.
    Case Number: A14A0934

    Evidence showing that the defendant never worked for a roofing company, yet attempted to cash a $1,720 check drawn on the company's account, authorized the jury to find that the defendant acted with

  • Cook v. Glover

    Publication Date: 2014-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Michelle Townes, and Jason Naunas, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: . Joel Tharpe, Gainesville, for appellee.
    Case Number: A12A2506

    The Court of Appeals improperly interpreted 42 U.S.C. § 1396p with respect to whether a Medicaid applicant's purchase of an annuity was subject to an asset transfer pe

  • In Re Estate of James A. Hawkins

    Publication Date: 2014-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Robinson and Mark Robinson Robinson & Blazer LLP, Decatur, for appellant.
    for defendant: R. Victor Page Jr., Atlanta, and Nathaniel Blackmon Blackmon Law Firm, Norcross, for appellee.
    Case Number: A14A0468

    A State of Georgia Paternity Acknowledgment form completed and signed by the decedent did not render the named child his heir a