• Bing v. The Zurich Servs. Corp.

    Publication Date: 2015-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Anthony Constant Constant Law Firm, Corpus Christi, Texas, for Bing. Robert Turner, Brent Savage, Kathryn Pinckney Savage Turner PC, Savannah, Dennis Cathey, and Matthew Cathey Cathey Strain, Cornelia, for Lowe. Dennis Cathey, Matthew Cathey Cathey Strain, Cornelia, and Jeremy McKenzie Karsman, McKenzie Hart, Savannah, for Purnell Seckinger. David Hobson, Jeffrey Lewis Arnall Golden Gregory LLP, Ronald Masterson, Michael Echols Lewis, Brisbois, Bisgaard Smith LLP, Atlanta, G. Mason White Brennan, Harris Rominger LLP, Savannah, Edward Longosz, and Mark Johnston Eckert Seamans Cherin Mellott LLC, Washington, D.C., for Zurich. Other party representation: David Dial, Julie Hall, Richard Hill Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Brian Moore, Eric Mull Drew Eckl Farnham, Adam Sinton, Atlanta, Richard Brown, John Bumgartner Brown Readdick Bumgartner Carter, Brunswick, Morton Forbes, Scot Pool Forbes, Foster Pool, and Leslie Thompson Brennan, Harris Rominger LLP, Savannah.
    for defendant:

    Case Number: A14A1911; A14A1912; A14A1913; A14A1914

    There was no genuine issue of material fact in the negligent inspection action arising out of an explosion at a sugar refinery plant, as the defendant did not undertake a duty to perform inspections

  • Dorsey v. State

    Publication Date: 2015-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, and Lori L. Canfield District Attorney's Office, Atlanta, for appellee.

    Case Number: A14A1893

    Even assuming that the trial court erred in sentencing the defendant separately on two conspiracy counts when the evidence only showed a single conspiracy, the error was harmless since the total sen

  • Minnifield v. Wells Fargo Bank NA

    Publication Date: 2015-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kimelyn Minnifield, Stockbridge, proceeded pro se. Amy Hanna, Joshua Tropper Baker, Donelson, Bearman, Caldwell Berkowitz PC, and Richard Maner, Atlanta, for appellees.
    for defendant:

    Case Number: A14A1592

    Collateral estoppel barred the plaintiff's wrongful foreclosure action against a bank and the law firm that initiated the foreclosure proceedings on the bank's b

  • Olvera v. University Sys. of Georgia's Bd. of Regents

    Publication Date: 2015-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles Kuck Kuck Immigration Partners LLC, Atlanta, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Russell Willard, and Allen Lightcap Attorney General's Office, Atlanta, for appellees.

    Case Number: A14A2352

    Sovereign immunity barred the declaratory judgment action filed by non-citizen college students, who were beneficiaries of the federal Deferred Action for Childhood Arrivals program, seeking a decl

  • Leggett v. State

    Publication Date: 2015-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Hayden Willis, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Brian McDaniel, Moultrie, for appellee.

    Case Number: A14A2164

    The evidence supported the defendant's convictions for child molestation and burglary after he entered the victims' home and molested an 11-year-old girl while she was sle

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Griffith v. State

    Publication Date: 2015-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Donna Bearden Billington Associates, Calhoun, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Erle Newton District Attorney's Office, Calhoun, for appellee.

    Case Number: A14A2181

    The officer did not unreasonably prolong the traffic stop and the trial court properly denied the defendant's motion to suppress the evidence the officer found after searching the ve

  • In Re: Loftus

    Publication Date: 2015-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: R. Milton Crouch and George Kent Smith Moore Leatherwood LLP, Atlanta, for appellant.
    for defendant: Danielle Cefalu Hurley Elder Care Law, Atlanta, for appellee. Other party representation: Bertram Boley, Atlanta.

    Case Number: A14A2038

    The probate court erred in dismissing the petition to terminate a guardianship and conservatorship and restore the ward's rights without holding a he

  • Leavell v. State

    Publication Date: 2015-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Herbert Schlanger Law Office of HP Schlanger, Atlanta, for appellant.
    for defendant: Sandra Wisenbaker, Solicitor General, and Natalie Ashman, Assistant Solicitor General, Newnan, for appellee.

    Case Number: A14A1679

    It was not clear from the trial court's order whether it found the defendant to be indigent and, consequently, whether it erred in denying her cost-free transcripts of her DUI trial and a hearing on

  • Grant v. The Phoenix on Peachtree Condominium Ass'n Inc.

    Publication Date: 2015-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Stephen Robinson and India Ali The Law Offices of Stephen H. Robinson, Atlanta, for Grant. Marvin Pastel and David Weinberg Winter Capriola Zenner LLC, Atlanta, for The Phoenix.
    for defendant:

    Case Number: A14A1703; A14A1704

    There was no evidence to support the defendant's counterclaims for unequal treatment based on race in a condominium association's lawsuit alleging that the defendant violated condominium rules by in

  • Haji v. State

    Publication Date: 2015-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Marsha Mignott The Mignott Law Group LLC, Tucker, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.

    Case Number: A14A2347

    Although the trial court did not specify the basis for revoking the defendant's probation in its written order, the transcript of the hearing, where the judge expressly found that the defendant viol