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  • State v. Jackson

    Publication Date: 2015-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Oliver Browning, District Attorney, Carrollton, and Matthew Nestrud District Attorney's Office, Cedartown, for appellant.
    for defendant: Julie Moore, Villa Rica, for appellee.
    Case Number: A15A0240

    An officer's comments to the defendant during a custodial interview in which he encouraged the defendant to tell the truth did not constitute a hope of benefit rendering the defendant's statement in

  • Walker v. State

    Publication Date: 2015-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers and Tyler R. Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurry District Attorney's Office, Newnan, for appellee.
    Case Number: A15A0776; A15A0777

    The trial court improperly conducted a hearing on the defendant's motion to withdraw his guilty pleas without appointing him counsel, without informing him of his right to counsel and without obtain

  • Gregg v. State

    Publication Date: 2015-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: McCracken Poston, Ringgold, for appellant.
    for defendant: Herbert Franklin, District Attorney, and Kay Baker, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A14A2065

    The trial court erred in denying the defendant's motion to compel compliance with a subpoena duces tecum because the subpoena sought evidence relevant to her sole de

  • Ashley v. State

    Publication Date: 2015-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Cynthia Harrison, Atlanta, for appellant.
    for defendant: James D. McDade, Brian Fortner, District Attorneys, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A14A1848

    The trial court erred in admitting certain similar transaction evidence that improperly placed the defendant's character into

  • Scapa Dryer Fabrics Inc. v. Knight

    Publication Date: 2015-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: M. Elizabeth O'Neill, Stephen Collier, and H. Lane Young Hawkins Parnell Thackston Young LLP, Atlanta, for appellant.
    for defendant: Robert Buck Buck Law Firm, Atlanta, for appellees.
    Case Number: A14A1587

    The evidence sufficiently supported the jury verdict finding that the defendant negligently exposed the plaintiff to airborne asbestos fibers and that this exposure was a contributing proximate caus

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Partin v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2015-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Adam Joffe, Sean Cox, Atlanta, Noble Boykin Jones, Boykin Associates, Savannah, and Howard Kaufold, Vidalia, for appellant.
    for defendant: . James Kreyenbuhl and G. Mason White Brennan, Harris Rominger LLP, Savannah, for appellee. Other party representation: Joseph Sumner Sumner Avery LLC, Dublin.
    Case Number: A14A2025

    The trial court erred in finding that the farm package insurance policy's motor vehicle exclusion applied to preclude coverage for claims asserted against the insured for injuries sustained on a fou

  • United Cerebral Palsy of GA Inc. v. Georgia Dep't of Behavioral Health Developmental Disabilities

    Publication Date: 2015-05-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Rebeccah Bower, Jonathan Rue, Eric Taylor Parker Hudson Rainer Dobbs LLP, and Deepak Jeyaram Jeyaram Associates Inc., Duluth, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Dennis Dunn, Deputy Attorney General, Shalen Nelson, Senior Assistant Attorney General, Jennifer Dalton, Assistant Attorney General, Joshua Belinfante, Vincent Russo, Kimberly Anderson Robbins Ross Alloy Belinfante Littlefield LLC, Jaime Theriot, and John Phillips Troutman Sanders, Atlanta, for appellees. Amicus: Jordan Kearney Arnall Golden Gregory LLP, Atlanta.
    Case Number: A14A1548; A14A1549

    Defendants were not entitled to dismissal for plaintiffs' failure to exhaust administrative remedies because defendants failed to give the required written notice of the adverse action at

  • Wyno v. Lowndes County

    Publication Date: 2015-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: O. Wayne Ellerbee, Valdosta, for appellant.
    for defendant: . James Elliott Elliott, Blackburn Gooding PC, and William Turner, Valdosta, for appellees.
    Case Number: A14A2086

    The trial court erred in dismissing the tiff's action against the county employees in their individual capacities based on official immunity in a suit arising after a dog attacked and killed th

  • Cordell Cordell PC v. Gao

    Publication Date: 2015-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Cary King Jacobs King LLC, Atlanta, for appellant.
    for defendant: Gregory Traylor Harris Penn Lowry LLP, Atlanta, for appellee. Amicus: Paula J. Frederick, General Counsel State Bar of Georgia, Atlanta.
    Case Number: A14A1772

    The law firm breached its contract with a former client and breached its fiduciary duty to him when it billed for work in a manner that placed the firm's financial inte above the client's inte

  • Save-A-Lot Food Stores v. Amos

    Publication Date: 2015-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: John Blackmon and Christopher Gifford Drew Eckl Farnham LLP, Atlanta, for appellant.
    for defendant: . Neal Graham Buzzell Graham Welsh LLP, Macon, for appellee. Other party representation: Douglas Witten and Cathy McNiel State Bd. of Workers' Compensation, Atlanta.
    Case Number: A14A1633

    The State Board of Workers' Compensation did not impose on the claimant a burden of proof higher than the applicable preponderance of competent and credible evidence standard set forth in O.C.G.A. §