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  • Cortes et al. v. Georgia Power Company

    Publication Date: 2021-09-30
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, William Smith, (W. Calvin Smith, II, P.C.), Atlanta, for appellant.
    for defendant: Malissa Kaufold-Wiggins, Meghan Pieler, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A21A0706

    Court vacates dismissal order that was based solely on plaintiffs' failure to comply with a scheduling order, and remands for consideration of why a deadline was missed

  • Branch v. The State

    Publication Date: 2021-09-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Fani Willis, Paul Howard, (Fulton County District Attorney's Office), Atlanta, Aslean Eaglin, (Superior Court of Fulton County), Atlanta, for appellee.
    Case Number: A21A0667

    Court affirms aggravated stalking conviction over defendant's evidentiary challenges and claims of error and ineffective assistance of counsel.

  • Brancewicz v. SMS Financial P, LLC

    Publication Date: 2021-09-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Judge
    Attorneys: For plaintiff: Philip Coe, (Attorney at Law), Fayetteville, for appellant.
    for defendant: Richard Howe, (Howe & Associates), Alpharetta, Scott Stevens, (Howe Law Firm), Alpharetta, for appellee.
    Case Number: A21A1104

    Court affirms summary judgment for lender against guarantor and rejects guarantor's argument that summary judgment was improper without a copy of the loan agreement

  • McClain v. Carrollton Police Department

    Publication Date: 2021-09-28
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy McClain, Carrollton, for appellant.
    for defendant: Joseph Smith, (Smith Conerly LLP), Carrollton, for appellee.
    Case Number: A21A1000

    Court affirms dismissal of plaintiff's civil suit against a municipal police department because the department is not a legal entity that is capable of being sued.

  • Kawanna Brown as the Administrator of The Estate of Jeronta Brown, Deceased et al. v. Quiggley et al.

    Publication Date: 2021-09-27
    Practice Area: Civil Appeals | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Harry Daniels, (Daniels and Cauble, P.C.), Newnan, for appellant.
    for defendant: Laura Johnson, (Chief Assistant County Attorney Dekalb County Law Department), Decatur, Dennis Lovell, Jay O'Brien, (Carlock, Copeland, Semler & Stair, LLP), Atlanta, Rebecca Dobras, (Attorney at Law), Decatur, Ellen Abt, (Kendall Law Group, LLC), Douglasville, for appellee.
    Case Number: A21A1150

    Court affirms dismissal of an estate's appeal where the estate unreasonably and inexcusably failed to file a transcript of trial court proceedings for more than two years

  • Law Journal Press | Digital Book

    Intellectual Property Law: Damages and Remedies

    Authors: Terence P. Ross

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  • Perry v. Jenkins

    Publication Date: 2021-09-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Virginia Morris, (Virginia Nell Morris Law, LLC), Athens, Woodrow Ware, (The Law Offices of Woodrow Wilson Ware, LLC), Watkinsville,for appellant.
    for defendant: Brad Evans, (Attorney at Law), Madison, for appellee.
    Case Number: A21A0969

    Court affirms child custody and visitation order over petitioner's challenge to trial court's processes in issuing that order

  • Torregano v. The State

    Publication Date: 2021-09-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Jennifer Curry, (Law Office of Jennifer A. Curry, LLC), Columbus, for appellant.
    for defendant: Mark Jones, Frederick Lewis, (Chattahoochee Judicial Circuit), Columbus, Julia Slater, (District Attorney Chattahoochee Circuit), Columbus, for appellee
    Case Number: A21A0809

    Court vacates order revoking defendant's probation and remands for trial court to set forth reasons and explanation for why it did not appoint counsel for the hearing

  • Cruz et al. v. Xytex Corporation et al.

    Publication Date: 2021-09-23
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James McDonough, (Heninger Garrison Davis, LLC), Atlanta, William Garrison, Brandy Robertson, (Heninger Garrison Davis), Birmingham, David Newdorf, (Newdorf Legal), Oakland, Nancy Hersh, (Hersh & Hersh), San Francisco, for appellant.
    for defendant: Alison Currie, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Linda Jordan, (Watkins Lourie Roll Chance PC), Atlanta, for appellee.
    Case Number: A20A0040

    Claims based on injuries derived from children's lives are not cognizable under Georgia law, but claims predating their lives may be pled as consumer fraud claims

  • Express Employment Professionals et al. v. Barker

    Publication Date: 2021-09-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Peery, Nichole Novosel, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: John Dufour, (VAN Pelt & Dufour), Carrollton, for appellee; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A21A0912

    Court reverses trial court and agrees with administrative law board in ruling that injured employee is not entitled to further workers' compensation benefits

  • Watkins v. The State

    Publication Date: 2021-09-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nefertara Clark, (Clark & Clark Law Group, LLC), Atlanta, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1126

    Evidence Defendant Rendered Victim's Arm Useless By Fracturing His Collarbone Supported Conviction For Aggravated Battery Litigation: Yes