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  • Johnson v. The State

    Publication Date: 2023-10-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Ricky Johnson, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Penny Penn, Richard Vandever, (GA Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A23A0875

    No "General" or "Specific" Offenses Under Theft-By-Taking Statutes In Effect in 2007

  • Hare Krishna Roswell Hotel, LLC v. Corsino

    Publication Date: 2023-10-04
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, Jalisa Stevens, (Copeland Stair Valz Lovell), Atlanta, for appellant.
    for defendant: Charles Hudson, (Penn & Seaborn, LLC), Montgomery, for appellee.
    Case Number: A23A1016

    Court reverses denial of a hotel's motion for summary judgment where the hotel had no legal duty to the plaintiff whose identity had been stolen

  • Humphrey et al. v. The Emory Clinic, Inc. et al.

    Publication Date: 2023-10-03
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, for appellant.
    for defendant: Robert Marcovitch, Anna Pieschel, Caroline Gieser, (Shook, Hardy & Bacon LLP), Atlanta, Paul Weathington, Carter Weathington, (Weathington Smith), Atlanta, Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A0735

    Court affirms exclusion of expert opinions as to standard of care and causation against physician specialists because those opinions did not satisfy OCGA § 24-7-702.

  • Edwards v. Smith

    Publication Date: 2023-10-02
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Patrician Burton, Ross Bergethon, Christopher Carr, Tina Piper, Amy Radley, (Attorney General), Atlanta for appellant,
    for defendant: Michele Young, Paige Jann, (Georgia Justice Project), Atlanta, for appellee.
    Case Number: A22A1646

    Court reverses an order granting a writ of quo warranto against a district attorney, ruling that the quo warranto statute cannot be used to challenge his actions while in office

  • Rush v. The State

    Publication Date: 2023-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Brock Johnson, (Johnson Law Firm LLC), Gainesville, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Blair Mahaffey, (Assistant District Attorney Lumpkin County District Attorney’s Office), Dahlonega, for appellee,
    Case Number: A23A0637

    Court affirms drug convictions over defendant's challenge to legality of a traffic stop and the prolonging of that stop, and contentions of an illegal search

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Shields v. The State

    Publication Date: 2023-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Amy Copeland, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: John Durden, Hugh Ridgway, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
    Case Number: A23A0037

    Court affirms convictions for distribution of child pornography over defendant's challenges to admission of inculpatory statements and jury instructions

  • Allen v. The State

    Publication Date: 2023-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Ryan Malone, (Appellate Division, Georgia Pubic Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Frederick Lewis, Veronica Hansis, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.
    Case Number: A23A0367

    Court affirms convictions for child molestation over defendant's multiple contentions of error, but vacates defendant's sentence and remands for resentencing

  • 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

  • Casas v. The State

    Publication Date: 2023-08-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Kerry Oconnell, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A23A0137

    In-Chambers Meetings With Judge and Attorneys Outside of Unruly Defendant's Presence Did Not Violate His Due Process Rights

  • United Sciences, LLC et al. v. Kellett et al.

    Publication Date: 2023-08-02
    Practice Area: Business Torts | Civil Procedure | Corporate Governance
    Industry: Biotechnology
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Simon Bloom, (Bloom Parham, LLP), Atlanta, Jonathan Palmer, Nicholas Sears, (Knight Palmer, LLC) Atlanta, for appellant.
    for defendant: Samuel Rutherford, Steven Collins, Gavin Reinke, Bryan Lutz, (Alston & Bird LLP), Atlanta, Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, Andrew Gibson, Daniel Hendrix, (The Finley Law Firm PC), Atlanta, Keith Kodosky, Ronald Masterson, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Samuel Kellett, Artoush Ohanian, Atlanta, for appellee; Wess Sharpe, Richmond Hill, for other party.
    Case Number: A21A1060

    Tortious Interference Claims Against Defendants' Attorneys Properly Dismissed Under Stranger Doctrine