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  • Watkins v. The State

    Publication Date: 2021-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nefertara Clark, (Clark & Clark Law Group, LLC), Atlanta, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1126

    Evidence Defendant Rendered Victim's Arm Useless By Fracturing His Collarbone Supported Conviction For Aggravated Battery Litigation: Yes

  • Quynn v. Hulsey et al.

    Publication Date: 2021-09-14
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Jacquelyn Smith, (Attorney at Law), Alpharetta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for Appellee.
    Case Number: A19A0689

    Court adopts a Georgia Supreme Court opinion, vacates a part of its earlier, and reverses a partial summary judgment grant for an employer in a negligence case

  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2021-09-13
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for Appellant.
    for defendant: James Merritt, (Vernis & Bowling of Atlanta, LLC), Atlanta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for Appellee.
    Case Number: A19A1104

    Court reverses partial summary judgment grant for an employer in a negligence action, noting that the respondeat superior rule has been abrogated by OCGA §51-12-33.

  • Vasudeva v. Dagnew et al.

    Publication Date: 2021-09-03
    Practice Area: Dispute Resolution | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Gary Freed, Thomas Grant, (Freed Grant, LLC), Atlanta, for Appellant.
    for defendant: Ramsey Knowles, (Taylor English Duma LLP), Atlanta, Jared Hodges, (Knowles Gallant LLC), Atlanta, for Appellee.
    Case Number: A21A0866

    Court reverses order that dismissed a lawsuit and compelled arbitration after concluding that an arbitration clause was unenforceable because it was not initialed

  • Holloman v. The State

    Publication Date: 2021-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for Appellant.
    for defendant: Jeffrey Perry, (The Perry Law Firm), Winder, James Smith, (District Attorney), Jefferson, for Appellee.
    Case Number: A21A0848

    Court affirms battery conviction over defendant's challenge to State's strikes that left an all-Caucasian jury to judge the facts of the case

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Georgiacarry.Org. Inc. et al. v. Bordeaux, Jr. et al.

    Publication Date: 2021-08-20
    Practice Area: Civil Procedure | Judges
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for Appellant.
    for defendant: Jennifer Davenport, (Chatham County Attorney's Office), Savannah, R. Hart, (Hart & Associates Law Firm LLC), Savannah, for Appellee.
    Case Number: A21A0833

    Court affirms in part and reverses in part an organization's complaint for declaratory relief against a judge over weapons carry permits

  • Vazemiller et al. v. Sanders

    Publication Date: 2021-08-19
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Turner, (Schulten Ward & Turner, LLP), Atlanta, Kevin McDonough, (Attorney at Law), Cumming, Deborah Pittman, (Miles Hansford and Tallant, LLC.), Cumming, for appellant.
    for defendant: Warner Hodges, Cumming; Theodore Spaulding, Cumming, Jeremy Hayes, (Spaulding Law LLC), Cumming, for other party.
    Case Number: A21A1151

    Trial Court Erred in Concluding That Purchasers of Land Had Notice of Purported Landowner's Deed and Could Not Qualify as Bona Fide Purchasers for Value

  • Moreno v. Georgia Department of Transportation

    Publication Date: 2021-08-18
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Warren Smith, Gary Casper, (W. Calvin Smith II, PC), Atlanta, for appellant.
    for defendant: Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, for other party.
    Case Number: A21A0961

    Court Affirms Order Dismissing Claim Against DOT for Failure to Comply With GTCA's Ante Litem Notice Requirements

  • Rendon-Villasana v. The State

    Publication Date: 2021-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Matos, Atlanta, for appellant.
    for defendant: Fani Willis, Juliana Sleeper, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta.
    Case Number: A21A1068

    Evidence Was Sufficient to Sustain Defendant's Conviction for Kidnapping Victims After He Pretended to Be an Uber Driver

  • Padco Contracting, Inc. v. Hernandez

    Publication Date: 2021-08-17
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta, for appellant.
    for defendant: Ruben Cruz, Bao Quynh Truong-Johnson, (Cruz & Associates PC), Atlanta, for appellee.
    Case Number: A21A0902

    Court reverses superior court ruling that had reversed a decision of the Board of Workers' Compensation , which decision was based on a preponderance of evidence