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Publication Date: 2013-08-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Alan Hamilton Shiver Hamilton LLC, James Sneed Davis, Pickren, Seydel & Sneed LLP, Atlanta, James Butler, Kate Cook, Joel Wooten Butler, Wooten, Fryhofer LLP, Columbus, and Matthew Cook McDonald, Cody & Cook LLC, Cornelia, for appellant.
for defendant: . Walter Bush, Christopher Freeman Carlton Fields PA, Steven DeFrank, Stephen Schatz Swift, Currie, McGhee & Hiers LLP, James Fisher, Kawania James, Denise Spitalnick Hall Booth Smith & Slover PC, Robert White Casey Gilson PC, Atlanta, Emmett Bittick, and Sylvia Walbolt Carlton Fields PA, Tampa, Fla., for appellees. Amicus Curiae: Gerald Walters, Atlanta.
Case Number: A11A1487
The Court reversed the grant of summary judgment to the construction companies and the denial of summary judgment to the estate, since the deceased worker was an intended third-party beneficiary of
Publication Date: 2013-08-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: G. Grant Greenwood and Thomas James James, Bates, Pope & Spivey, Macon, for appellant.
for defendant: Thomas Clyde Dow Lohnes, Atlanta, and Robert Gunn Martin, Snow, Grant & Napier, Macon, for appellee.
Case Number: A13A0399
In this dispute over whether a cable company was required to continue to carry a local commercial television station, it was possible for the plaintiff to introduce evidence within the framework of
Publication Date: 2013-07-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff:
for defendant:
Case Number: A13A0413; A13A0596
The evidence did not support the real estate developer's claims for slander of title and tortious interference with business and contractual relations based on an investment company's filing of a no
Publication Date: 2013-07-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, and Jennifer Burns Chatham County Attorney's Office, Savannah, for appellant.
for defendant: Larry Chisolm, Margaret Heap, District Attorneys, and Arvo Henifin, Assistant District Attorney, Savannah, for appellee.
Case Number: A13A0308
No evidence showed that the defendant knowingly and willfully obstructed the officer when he disregarded the officer's request to "come here" during a first-tier encounter from which the defendant
Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Robert Lamar and Keith Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellant.
for defendant: . Terrell Benton and Dean Cleaveland Hall Booth Smith & Slover PC, Atlanta, for appellees.
Case Number: A11A0445
In civil cases as well as in criminal cases, once the trial court sustains an objection to improper argument, the trial court is required to apply some remedial measure to address the harm resulting
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Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Otto Feil and Celeste McCollough Taylor, Feil, Harper, Lumsden & Hess PC, Atlanta, for appellant.
for defendant: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc Hershovitz, Michael Jablonski, Atlanta, and Roy Barnes The Barnes Law Group LLC, Marietta, for appellee.
Case Number: A11A0719
The trial court properly based liability and damages in a class action suit regarding unsolicited fax advertisements on the number of such advertisements sent rather than the number rec
Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: James Anagnostakis, Douglasville, for appellant.
for defendant: . Beth Kanik Hall Booth Smith & Slover PC, Atlanta, for appellee.
Case Number: A13A0348
A jury question remained as to whether the decedent at some point became stable and capable of receiving non-emergency services, thereby triggering an exception to O.C.G.A. § 51-1-29.5—providing tha
Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellant.
for defendant: Rebecca Kozycki Chestney Law Firm, Atlanta, for appellee.
Case Number: A13A0236
The 46-month delay between the defendant's arrest and the second grant of her motion to dismiss the DUI indictment against her for violation of her speedy trial rights was uncommonly long, ' "especi
Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
for defendant: Benjamin Byrd and Michael Reeves Friend, Hudak & Harris LLP, Atlanta, for appellee.
Case Number: A13A0305
The plaintiff was not entitled to a promised severance payment following the termination of his employment, since the plaintiff continued to work for his employer's affiliate after the termination d
Publication Date: 2013-07-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Josh Thacker, Griffin, for appellant.
for defendant: Griffin Howell, Solicitor General, Griffin, for appellee.
Case Number: A13A0666
The evidence included facts and circumstances from which a jury could infer that the defendant knew that the power drills presented to him at his pawn shop were s
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