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  • 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

  • Pruitt v. Thigpen

    Publication Date: 2021-07-27
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jason Wyrick, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Atlanta, Joseph Cruser, Robert Noens, (Cruser, Mitchell, Novits, Sanchez, Gaston & Zimet, LLP), Norcross, for appellant.
    for defendant: David Bell, (Law Office of David B. Bell), Augusta, Sharon Enoch, (Bell & Bell Associates), Augusta, for appellee.
    Case Number: A21A0331

    Judgment Against Personal Injury Defendant Vacated and Remanded as Trial Court's Order Varied From Terms of Settlement Agreement

  • West et al. v. Bowser et al.

    Publication Date: 2021-07-27
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court reverses order compelling arbitration in a wrongful death matter because decedent's guardian did not have authority to sign a pre-dispute arbitration agreement.

  • Hewell v. The State

    Publication Date: 2021-07-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christina Cribbs, (Georgia Innocence Project), Atlanta, for appellant.
    for defendant: Stephen Bradley, (District Attorney, Ocmulgee Judicial Circuit), Milledgeville, Allison Mauldin, (Chief Assistant District Attorney), Greensboro, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, for appellee.
    Case Number: A21A0278

    Court reverses denial of new trial motion where trial court erred by admitting prior acts evidence that did not meet standards for admission

  • Johnson v. The State

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: William Akins, Lee Darragh, (District Attorney, NEJC of GA), Gainesville, for appellee.
    Case Number: A21A0119

    Court affirms convictions for firearm possession by a convicted felon, leaving the scene of an accident, and driving without a license, but vacates sentence of restitution

  • Law Journal Press | Digital Book

    Internet and Online Law

    Authors: Kent D. Stuckey, Robert L. Ellis

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  • Humphries v. Weekly

    Publication Date: 2021-07-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Steven Jackson, (Attorney at Law), Atlanta, Michael Pryor, (Michael P. Pryor, P.C.), Atlanta, for appellant.
    for defendant: Lindsay Reese, (Law Office of Nancy W Phillips), Atlanta, Anderson Robinson, (Brown & Adams, LLC), Columbus, for appellee.
    Case Number: A21A0098

    Court vacates order dismissing car accident injury case for lack of service of process and remands for application of correct legal standard, facts, and conclusions of law

  • Jefferson v. The State

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kevin Anderson, (Atlanta Judicial Circuit Office of the Public Defender), Atlanta, for Appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (District Attorney), Lafayette, Michael Moeller, (LMJC District Attorney's Office), Summerville, Alan Smith, (Lookout Mountain Judicial Circuit District Attorney's Office), Lafayette, for Appellee.
    Case Number: A21A0161

    Court affirms armed robbery conviction over defendant's objection to jury instruction, but vacates aggravated assault conviction and sentence due to merger error

  • Coe et al. v. Proskauer, LLP

    Publication Date: 2021-07-26
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Harry MacDougald, (Caldwell, Carlson, Elliott & Deloach, LLP), Atlanta, Jeven Sloan, W. Canada, John McKenzie, David Deary, (Loewinsohn Flegle Deary Simon, LLP), Dallas, for appellant.
    for defendant: Anthony Morris, (Akerman LLP), Atlanta, Shari Klevens, (Dentons US LLP), Washington, Mark Trigg, (Dentons US LLP), Atlanta, David Lederkramer, (Proskauer Rose), New York, for Appellee.
    Case Number: A21A0142

    Court affirms summary judgment in favor of law firm on plaintiff's legal malpractice action, which was invalid due to statute of limitations issues

  • The Augusta Chronicle et al. v. Woodall et al.

    Publication Date: 2021-07-23
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jordon Morrow, (Brannen, Searcy & Smith), Savannah, for appellant.
    for defendant: J. Smith, Michael Cauley, (Smith Cauley LLC), Dublin, Daniel Snipes, (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee; Anthony Adkins, (Speed, Seta, Martin & Trivett, LLC), Lawrenceville, Daniel Prout, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A21A0493

    Newspaper Defendants Cannot Be Held Vicariously Liable for Vehicle Collision; Newspaper Carrier Was an Independent Contractor Over Which Defendants Did Not Exercise Sufficient Control

  • Coin-Op Solutions, LLC v. Metro Carrollton Corporation, et al.

    Publication Date: 2021-07-23
    Practice Area: Dispute Resolution
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jonathan Hawkins, (Law Firm GC (Hawkins), LLC), Atlanta, for appellant.
    for defendant: Steven Kushner, Joseph Hart, (Fellows LaBriola LLP), Atlanta, for appellee.
    Case Number: A21A0010

    Coin operated amusement machine provider followed improper procedure to appeal an arbitration award, but retailers have a basis to seek confirmation of the award