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  • Employees Retirement System Of Georgia v. Pendergrass

    Publication Date: 2018-04-13
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Banks (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Marion Stokes, Jordan Chrietzberg (Stokes Carmichael & Ernst LLP), Atlanta, for appellant.
    for defendant: Susan Pendergrass, Auburn, for appellee.
    Case Number: A17A2123

    Georgia Court Had Personal Jurisdiction Over Non-Resident Who Wrongfully Accepted Retirement Benefits After His Mother Died

  • Southeastern Pain Specialists, P.C. v. Brown et al.

    Publication Date: 2018-04-11
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: William Curtis Anderson (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: James Nicholas Sadd, Daniel Marshall Epstein, Edward Malcum Wynn III (Slappey & Sadd LLC), Atlanta; John E. Hall Jr., Nichole Lee Hair (Hall Booth Smith P.C.), Atlanta; Frank Mitchell Lowrey IV, Robert Lawrence Ashe III (Bondurant, Mixson & Elmore, LLP), Atlanta; David Frank Root (Carlock, Copeland & Stair, LLP), Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: S17G0732

    The Court of Appeals erred in finding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure and thus erred in affirming a nearly $22 million award following the trial court's erroneous jury instruction on ordinary negligence.

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action

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    New Jersey Local Government Deskbook 2024

    Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.

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  • Samaca, LLC. v. Cellairis Franchise, Inc. et al.

    Publication Date: 2018-04-02
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Martin (D.R. Martin, LLC), Atlanta, for appellant.
    for defendant: Jared Miller, Ronald Coleman, Justin Gunter (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee. Cell Phone Mania, LLC (c/o OZ Aharon), North Miami Beach; Cell Phone Mania, LLC (c/o OZ Aharon), Davie, for other party.
    Case Number: A17A1715

    Agreement Regarding Specific Assignments and Assumptions Was Not Wholly Separate From Initial Purchase Agreement Containing Arbitration Clause

  • Swallows et al. v. Adams-Pickett et al.

    Publication Date: 2018-03-30
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Sam Nicholson (Nicholson Revell LLP), Augusta; Scott Eldredge (Burg Simpson Eldredge Hersh & Jardine, P.C.), Englewood, for appellant.
    for defendant: Thomas Tucker, Thomas Tucker (Tucker Long, P.C.), Augusta; David Johnson, Kevin Race, Kristin Malcolm (Insley & Race, LLC), Atlanta, for appellee.
    Case Number: A17A1517

    Longer Limitations Period For Medical Malpractice Actions IS Available to Minors Under Five But Not To Claims Made By Minors' Parents

  • Ya Van v. Siv Cheng Kong As Administratrix Of The Estate Of Chheng Siv Voigt et al.

    Publication Date: 2018-03-26
    Practice Area: Civil Procedure | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Melvin Hewitt, Hilary Hunter (Isenberg & Hewitt PC), Atlanta, for appellee. Maren Cave (Swift, Currie, McGhee & Hiers), Atlanta, for other party.
    Case Number: A17A1713

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit alleging that defendant was negligent in failing to keep her home safe from known dangers and dangerous conditions on the property when she allowed her son-in-law to enter her home and he fatally stabbed her daughter, as there was no evidence from which to conclude that defendant had reason to anticipate the man's violent conduct.

  • Suntrust Bank v. Todd Cowan, As Tax Commissioner For Douglas County et al.

    Publication Date: 2018-03-22
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Crochet (Kutak Rock LLP), Atlanta, for appellant.
    for defendant: Kenneth Bernard, Stephanie Regas (Sherrod & Bernard), Douglasville; John Doe, Jane Doe, Douglasville; Regina Jordan, Los Angeles; John Ayoub (Ayoub & Mansour, LLC), Atlanta, for appellee.
    Case Number: A17A1850

    Lienholder Who Received Excess Funds From Tax Sale Was Subject to Subsequent Appellate Court Rulings Modifying Rights of Redeeming Creditors

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.