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  • PTI Royston, LLC v. Eubanks et al.

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A21A0182

    Georgia's general tort statute of repose bars strict liability claims brought under the Asbestos Claims Act, but defendant may be barred from that defense due to claims of fraud

  • Hall et al. v. Hill

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope McGlamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta for other party.
    Case Number: A21A0111

    Court affirms majority of orders addressing procedure regarding estate conservator's exclusive right to represent minor children in a wrongful death action

  • Foreman v. The State

    Publication Date: 2021-08-04
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Amy Ihrig, Savannah, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Margaret Heap, (District Attorney), Savannah, Nancy Smith, (Assistant District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A0554

    Competency Statute Grants Trial Court Jurisdiction to Rehear and Reconsider Whether Defendant Met Criteria for Civil Commitment

  • Metropolitan Atlanta Rapid Transit Authority et al. v. Ingram

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Candis Jones, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: John Hyatt, (Hyatt & Hyatt, P.C.), Decatur; Matt Nasrallah, (Robertson, Bodoh & Nasrallah, LLP), Marietta, for other party,
    Case Number: A21A0541

    Court affirms denial of appellants' motion to dismiss or transfer venue where plaintiff in personal injury case filed suit in venue of one joint tortfeasor

  • Elliott et al. v. Savannah International Motors, Inc.

    Publication Date: 2021-08-03
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Hunter, Timothy Roberts, (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Anthony Casella, Malcolm Mackenzie, (Weiner, Shearouse, Weitz, Greenberg), Savannah, Keri Martin, (Moore Clarke Duvall & Rodgers, P.C.), Savannah, for appellee; Ronald Berry, (Ronald C. Berry, P.C.), Savannah, for other party.
    Case Number: A21A0387

    Court orders cases involving purchase and sale of stock to be retried due to error in consolidating them that was contrary to the parties' consent

  • Smith v. Sanders

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Neuberger, (Neuberger Law, LLC), Atlanta, for appellant.
    for defendant: Ellen Ash, Jessica Sanford, (Fain Major & Brennan PC), Atlanta, for Appellee
    Case Number: A21A0406

    Court vacates denial of motion for entry of default in a car accident case where plaintiff had not filed a notarized affidavit for service on nonresident defendant

  • Antley at al. v. Small et al.

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: John Floyd, John Rains, (Bondurant, Mixson & Elmore LLP), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Craig Gillen, Anthony Lake, (Gillen Withers & Lake, LLC), Atlanta, F. Hallman, Richard Wingate, (Hallman & Wingate, LLC), Marietta, Gus Small, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A21A0223

    Court variously affirms and reverses trial court's orders on tolling of statute of limitations in a lawsuit against attorneys for former trustees charged with fraud

  • Potts v. Clowdis

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Eugene Butt, (James Hugh Potts II, LLC), Atlanta, David Webster, (Attorney at Law), Atlanta, for appellant.
    for defendant: Louis Levenson, (Louis Levenson & Associates), Atlanta, for Appellee.
    Case Number: A20A1966

    Court reverses jury verdict and award for legal malpractice damages because trial court failed to properly redact a complaint and to give proper jury instructions.

  • Jones v. City of Atlanta

    Publication Date: 2021-07-29
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Hurt, (Hurt Stolz, P.C.), Watkinsville, John Woodham, (Woodham Law, LLC), Atlanta, for appellant.
    for defendant: Matthew Calvert, Eric Taylor, Laura Wagner, Ra Amen, (Hunton Andrews Kurth LLP), Atlanta, for appellee.
    Case Number: A21A0370

    Court Reverses Trial Court's Determination That It Lacked Jurisdiction Due to Plaintiff's Failure to File Complaint Within 30 Days of Appeal Board's Decision

  • Union Carbide Corporation v. Brannan et al.

    Publication Date: 2021-07-27
    Practice Area: Civil Procedure
    Industry: Chemicals and Materials
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Catherine Payne, William Massey, Philip Sandick, (Alston & Bird LLP), Atlanta, for Appellant.
    for defendant: Robert Buck, (Buck Law Firm), Peachtree Corners, Brian Kinsley, Greensboro, for Appellee
    Case Number: A21A0143

    Court affirms denial of motion to dismiss personal injury claims of a decedent's estate where prior pending claims doctrine did not bar the refiling