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Publication Date: 2024-12-17
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, for appellant.
for defendant: Patrician Burton, (Attorney at Law), Atlanta, Darius Pattillo, (District Attorney), McDonough, Christopher Carr, Clint Malcolm, (Attorney General), Atlanta, Sherry Boston, Deborah Wellborn, Samuel d’Entremont, (Dekalb County District Attorney), Decatur, Elizabeth Rosenwasser, Meghan Hill, (Department of Law), Atlanta, for appellee.
Case Number: A24A0960
Defendant's Conduct in Leaving Child in Care of Known Abuser Was Proximate Cause of Child's Death
Publication Date: 2024-12-11
Practice Area: Corporate Entities | Personal Injury
Industry: Agriculture
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Saleem Dennis, (Sam D. Dennis, P.C.), Valdosta, Carl Varnedoe, (Carl R Varnedoe, LLC), Savannah, for appellant.
for defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee; Christopher Freeman, (Carlton Fields Jorden Burt, P.A.), Atlanta, Scot Pool, (Forbes, Foster & Pool), Savannah, for other party.
Case Number: A24A0709
Court affirms summary judgment order that business interdependency alone does not establish joint venture for purposes of shared liability in a personal injury case
Publication Date: 2024-12-10
Practice Area: Premises Liability
Industry: Construction
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Jonathan Pope, Marion Pope, (Hasty Pope LLP), Canton, Mary Handte, (Hasty Pope LLP), Gainesville, for appellant.
for defendant: Jay Eidex, (Attorney at Law), Suwanee, for appellee; Robert Luskin, (Chartwell law), Atlanta, Eric Mull, Reid Evans, (Burke Moore Law Group LLP), Atlanta, Pamela Grimes, (GEICO), Atlanta, Matthew Moffett, Sean Herald, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Ernest Harrell, (Busch, Reed, Jones & Leeper, PC), Marietta, for other party.
Case Number: A24A0886
Court reverses summary judgment that had been in favor of a construction property owner in a subcontractor's premises liability case, finding questions of fact that precluded summary judgment
Publication Date: 2024-12-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Emmitte Griggs, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
for defendant: C. DuBose, (DuBose Law Group LLC), Madison, James Sadd, Daniel Epstein, (Slappey & Sadd, LLC), Atlanta, Brittain Hunt, (Pulliam Law Group), Covington, for appellee; Leitra Maxwell, (Forrest B. Johnson & Associates), Macon, for other party.
Case Number: A24A0978
Court affirms $15 million medical malpractice award for prolonged pain and suffering after surgical negligence, and rejects defendant's challenges to jury instructions and size of award
Publication Date: 2024-12-05
Practice Area: Elder Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: LeAnne Gilbert, Craig Frankel, (Gaslowitz Frankel LLC), Atlanta, Teresa Pesce, Wilton, for appellant.
for defendant: Harry MacDougald, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee; Mercedes Murrell, (Attorney at Law), Atlanta, Angela Daniel, (Premier Care Management), Atlanta, Luanne Bonnie, (Bonnie Law, LLC), Decatur, for other party.
Case Number: A24A0847
Court affirms appointment of a neutral guardian and conservator, and rejects claims of procedural errors by proposed ward's children
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Publication Date: 2024-12-04
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Walter Adams, James Yancey, (Attorney at Law), Brunswick, for appellant.
for defendant: Monika Scott, (Fidelity National Law Group), Atlanta, James Yancey, (James A. Yancey, Jr,. Attorney at Law, P.C.), Brunswick, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, for appellee.
Case Number: A24A0514
Court reverses summary judgment that had been in favor of a holder of a security interest on quiet title and declaratory judgment claims, finding a factual dispute over deed authenticity
Publication Date: 2024-11-28
Practice Area: Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Meredith Gardial, (Grisham, Poole & Carlile, P.C.), Canton, Sarah Illg, (Teague Law), East Ellijay, for appellant.
for defendant: George Weaver, (Law Office of George W. Weaver), Jasper, for appellee.
Case Number: A24A1073
Court vacates trial court order on a child custody modification due to inadequate findings of fact and remands for more detailed findings and clarification of how those findings support the order
Publication Date: 2024-11-25
Practice Area: Class Actions
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Scott Bonder, Joseph White, (Fried Bonder White, LLC), Atlanta, Roy Kelly, Caitlin Derst, (Kelly & Kelly LLP), Savannah, for appellant.
for defendant: David Hayes, (Attorney at Law), Atlanta, Kimberly Woodland, Kathleen Broyles, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
Case Number: A23A0605
Court vacates a prior opinion and, on remand, adopts a Georgia Supreme Court opinion affirming trial court's denial of class certification in a breach of contract and negligence case
Publication Date: 2024-11-08
Practice Area: Contracts | Employment Litigation
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
for defendant: Jeffrey Mokotoff, Leslie Hartnett, (Ford & Harrison LLP), Atlanta, Abigail Larimer, (Mohawk Industries), Calhoun, Benjamin Fryer, Charlotte, for appellee.
Case Number: A23A0162
Court reverses its prior opinion and adopts Supreme Court ruling that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope
Publication Date: 2024-11-01
Practice Area: Constitutional Law | Real Estate
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Thomas Cathey, Fort Gordon, James Ellington, William Keogh, (Hull Barrett PC), Augusta, for appellant.
for defendant: James Trotter, (Trotter Jones, LLP), Augusta, Harry Revell, Alexander Revell, (Nicholson Revell LLP), Augusta, William Trotter, (William A. Trotter, III, P.C.), Augusta, for appellee.
Case Number: A23A0774
On remand from the Georgia Supreme Court, court vacates an injunction against Columbia County and remands to determine whether the injunction exceeded limits on sovereign immunity
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