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  • Parham v. The State

    Publication Date: 2020-07-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Mark Begnaud, (Horsley Begnaud LLC), Atlanta, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, Aslean Eaglin, (Superior Court of Fulton County), Atlanta, for appellee.
    Case Number: A20A0229

    Allowing Prosecution to Present Evidence of Three Other Illegal Acts Was Not Reversible Error

  • Emory University et al. v. Willcox

    Publication Date: 2020-07-23
    Practice Area: Evidence | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner, Robert Stannard, (Attorney at Law), Atlanta, John Fitzpatrick, Lamar Jost, (Wheeler Trigg O'Donnell, LLP), Denver, Michael Bailey, Erica Jansen, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Christopher Graddock, Keenan Nix, (Morgan & Morgan, PA), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellee.
    Case Number: A20A0665

    Trial Court in Wrongful Death Case Did Not Abuse Its Discretion in Allowing Opinion Evidence Based on Incomplete Medical Records

  • Ebeling v. The State

    Publication Date: 2020-07-10
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Matthew Ebeling, (Metro Reentry Facility), Atlanta, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney), Canton, for appellee.
    Case Number: A20A1437

    Appellate Court Lacks Jurisdiction Over Untimely Notice of Appeal, Which Was Timely Stamped But Did Not Get to the Superior Court on Time

  • Row Equipment, Inc. v. Norfolk Southern Railway Company

    Publication Date: 2020-07-09
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Brent Savage, Samuel Mikell, (Savage, Turner, Durham, Pinckney & Savage), Savannah, for appellant.
    for defendant: John Stewart, (Hall, Bloch, Garland & Meyer), Macon, for appellee.
    Case Number: A20A0679

    Plaintiff Fails to Show That Forum Selection Clause Was Included in Contract as the Result of Fraud, or That the Right to Enforce it Was Waived

  • Zahler v. National Collegiate Student Loan Trust 2006-1

    Publication Date: 2020-07-09
    Practice Area: Contracts | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: J Graddy, (Graddy Law LLC), Atlanta, Richard Evins, (The Evins Law Firm, LLC), Woodstock, Ashley Hughes, (Smith & Liss, LLC), Atlanta, for appellant.
    for defendant: Brannon Carson, (Roosen, Varchetti & Olivier PLLC), Atlanta, Cherice Tadday, (Roosen, Varchetti & Olivier PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellee.
    Case Number: A20A0468

    Genuine Issue of Material Fact Exists as to Terms and Conditions of Credit Agreement; Court Reverses Summary Judgment Granted to Student Loan Trust

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Aliera Healthcare, Inc. v. Anabaptist Healthshare et al.

    Publication Date: 2020-07-06
    Practice Area: Contractual Disputes | Health Care Law | Insurance Law
    Industry: Health Care | Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Ronan Doherty, Kamal Ghali, Robert Ashe, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, Joseph Letzer, Gregory Harley, Elizabeth Shirley, Jacob Burchfield, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: Kyle Wallace, Gavin Reinke, Andrew Brown, (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A20A0435

    Health Plan Administrator's Commingling of Its Own Funds With Funds Belonging to Separate Entity Warranted Injunctive Relief

  • Smith v. Robinson et al.

    Publication Date: 2020-06-18
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Addleton, (Attorney at Law), Macon, for appellant.
    for defendant: Jon David Huffman, (Poole Huffman, LLC), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, The Truck & Trailer Connection, Inc, Grayson, for appellee. Christopher Carr, (Attorney General), Atlanta, S. Hill, (Clayton O'Donnell, PLLC), Oxford, for other party.
    Case Number: A20A0591

    Georgia Law Does Not Exempt From Garnishment a Debtor's Child Support Obligation

  • Green v. Baldwin County Board of Commissioners et al.

    Publication Date: 2020-06-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Konrad Ziegler, (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Bruce Dutcher, (Assistant District Attorney Atlanta Circuit), Atlanta, George Weaver, (Hollberg & Weaver, LLP), Atlanta, for appellee.
    Case Number: A20A0140

    Court affirms summary judgment order for a County, and for a County sheriff that did not receive a timely notice of a personal injury claim

  • Dobbs v. The State

    Publication Date: 2020-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Paul Howard, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A20A0738

    Trial Court Erred in Failing to Merge Attempted Murder Conviction Into Aggravated Battery Convictions

  • Bowler v. The State

    Publication Date: 2020-06-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Micah Gates, (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Herbert Poston, (District Attorney), Dalton, Victoria Parker, (Attorney at Law), Dalton, for appellee.
    Case Number: A20A0262

    Court affirms trial court's denial of a motion to suppress evidence seized during an inventory search of a car where an officer had probable cause to arrest its occupant