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  • Ingram et al. v. State Farm Mutual Automobile Insurance Company et al.

    Publication Date: 2020-01-03
    Practice Area: Damages | Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Neil Monroe, (N. Matthew Monroe, P.C.), Valdosta, for appellant.
    for defendant: Carroll Sanders, (Lotane & Associates), Cocoa, John Spurlin, (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A19A1744

    Court vacates final judgment on damages in a subrogation matter where trial court failed to hold a jury trial on those damages

  • Shepherd v. The State

    Publication Date: 2020-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lora Alsher, (GPDSC - Cherokee Circuit), Cartersville, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, for appellee.
    Case Number: A19A2186

    Court affirms the majority of aggravated sexual assault and other convictions over defendant's challenge to sufficiency of evidence

  • Hudson v. The State

    Publication Date: 2020-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Daniel Porter, Lee Tittsworth, Samuel D'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A19A2108

    Defendant's confession of sexual assault was voluntary and not coerced by threats of physical harm, and Defendant's motion to suppress his confession was properly denied

  • Rollins v. Smith et al.

    Publication Date: 2019-12-20
    Practice Area: Legal Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Christopher Corbett, (The Corbett Firm), Atlanta, for appellant.
    for defendant: Mark Rogers, (NCR Corp.), Atlanta, Johannes Kingma, (Carlock, Copeland & Stair, LLP), Atlanta, William Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, Robyn Webb, (Hoffer & Webb, LLC), Atlanta, for appellee.
    Case Number: A19A1592

    Law Firm Failed to Exercise Care in Neglecting to Ensure a Stipulation Was Executed So Client Would Receive Court-Ordered Attorney Fee Credit

  • In/Ex Systems, Inc. v. Masud et al.

    Publication Date: 2019-12-16
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta, William Strickland, (Temple, Strickland, Dinges & Schwartz), Atlanta, for appellant.
    for defendant: Andrew Rogers, (Deitch & Rogers, LLC), Atlanta, M. Baig, (The Baig Firm), Norcross, Joseph Cruser, Craig Terrett, (Cruser & Mitchell, LLP), Norcross, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Hammer, (Lueder Larkin & Hunter, LLC), Atlanta, Elissa Haynes, (Goodman McGuffey LLP), Atlanta, for other party.
    Case Number: A19A0805

    Defendant's employer is not vicariously liable for injuries caused by employee's actions when plaintiff failed to show employee's negligence.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • ALR Oglethorpe, LLC et al. v. Fidelity National Title Insurance Co.

    Publication Date: 2019-11-08
    Practice Area: Civil Procedure
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Dana Diment, Samantha Gunnison, (Diment Porterfield LLP), Carrollton, Robert Lovett, (FisherBroyles, LLP), Savannah, for appellee.
    Case Number: A19A1485

    Consent to Jurisdiction in Particular County Did Not Compel Venue Transfer in Later Related Action

  • K/C Ice, LLC et al. v. Connell

    Publication Date: 2019-11-08
    Practice Area: Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Zachary Cowart, (Cowart & Perry, LLP), Valdosta, Leland Kynes, (Kynes Law, LLC, Atlanta, for appellant.
    for defendant: Jennifer Monroe, (N. Matthew Monroe PC), Valdosta, William Langdale, (Langdale & Vallotton LLP), Valdosta, for appellee.
    Case Number: A19A1615

    Genuine Issue of Material Fact as to Whether Co-Obligor Under Guaranty Agreement Received Unequal Benefit

  • Centurion Industries, Inc. v. Naville-Saeger et al.

    Publication Date: 2019-11-07
    Practice Area: Employment Litigation | Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robert Marcovitch, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Grant Smith, (Dennis, Corry & Porter and Smith, L.L.P.), Atlanta, Rishi Pattni, (The Fry Law Firm), Atlanta, for appellant.
    for defendant: Amy Holbrook, W. Langdale, (Langdale & Vallotton LLP), Valdostsa, Stephen Lowry, (Harris Lowry Manton LLP), Savannah, Jeannete Lewis, (Lewis Legal Group, P.A.), Plantation, for appellee. Dennis Cathey, Rebecca Payne, (Cathey & Strain, LLC), Cornelia, Saleem Dennis, (Sam D. Dennis, P.C.), Valdosta, Jon Wolfe, (Chambliss, Higdon, Richardson, Katz & Griggs), Macon, for other party.
    Case Number: A19A1176

    Employee Engaging in Personal Errand While Driving to Work Location During Period of Unpaid Personal Leave Was Not Acting Within Course and Scope of Employment

  • Lowndes County Health Services, LLC v. Copeland et al.

    Publication Date: 2019-11-06
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jeffrey Braintwain, Brian Mathis, Randolph Powell, Trevor Newberry, (Huff Powell Bailey, LLC), Atlanta, Robert Anspach, (Anspach Meeks Ellenberger LLP), Toledo, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, (Connor & Connor, LLC), Aiken, John Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret Moore, (Broughton Law), Atlanta, for appellee.
    Case Number: A19A1552

    Nursing Facility Engaged in Business-Related Ordinary Negligence by Leaving Night Shift Staff Without Anyone Properly Trained to Evaluate Residents

  • Collins v. The State

    Publication Date: 2019-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Anthony Collins, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Kevin Hutto, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A19A1282

    Court affirms child molestation and incitement convictions over defendant's multiple arguments for reversal