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  • Kennison v. Mayfield et al.

    Publication Date: 2021-04-21
    Practice Area: Damages | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Dallas, (Beck, Owen & Murray), Griffin, Karl Broder, Griffin, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, (Brodhead Law, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A2074

    Court affirms $33 million wrongful death damages award and apportionment of fault in a wrongful death case, but reverses and remands as to attorney fees

  • Foundation Contractors, Inc v. Home Depot U.S.A., Inc.

    Publication Date: 2021-04-20
    Practice Area: Discovery
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Edward Bresee, Arthur Park, (Mozley, Finlayson & Loggins), Atlanta, Laurie Daniel, Nicholas Boyd, (Holland & Knight), Atlanta, for appellant.
    for defendant: Ronan Doherty, Michael Jones, (Bondurant, Mixso & Elmore, LLP), Atlanta, Thomas Hobgood, David Bass, (Hobgood & Rutherford LLC), Atlanta, David Rutherford, (Rutherford Construction Arbitration & Mediation, LLC), Talking Rock, for appellee. Martin Levinson, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, April Rich, (Attorney at Law), Atlanta, Ryan Meade, (Quintairos, Prieto, Wood & Boyer, PA), Atlanta, Todd LaDouceur, Michael Moretz, (Galloway Johnson Tompkins Burr & Smith), Atlanta, Michael Moretz, (Galloway Johnson Tompkins Burr & Smith), Pensacola, Benjamin Welch, (Fields Howell LLP), Atlanta, for other party.
    Case Number: A20A1771

    Court reverses order granting sanctions for discovery violations when information was not withheld willfully or knowingly

  • Nance et al. v. Houston County School District et al.

    Publication Date: 2021-04-20
    Practice Area: Civil Appeals | Education Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Maurice King, (Law Offices of Maurice Luther King, Jr., P.C.), Albany, for appellant.
    for defendant: William Jerles, (Daniel, Lawson, Tuggle & Jerles, LLP), Perry, for appellee. George Hartwig, Katherine Lumsden, (District Attorney Houston Judicial Circuit), Perry, Harold Melton, (Justice Supreme Court of Georgia), Atlanta, for other party.
    Case Number: A21A0367

    Appeal From School District's Disenrollment of Children Did Not Comply With Interlocutory Appeal Procedures

  • City of Atlanta, Georgia v. Penosky et al.

    Publication Date: 2021-04-20
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Courtney Ferrell, Thomas Reilly, William Smith, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: Austin James, Monika Scott, (Fidelity National Law Group), Atlanta, Jeffrey Schneider, Brandon Arnold, (Weissman PC), Atlanta, for appellee.
    Case Number: A21A0031

    Court affirms dismissal of City's appeal in a trespass and nuisance action where the City unreasonably and inexcusably delayed filing the transcript of the trial

  • Murray v. The State

    Publication Date: 2021-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Margaret Heap, (District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Timothy Dean, Savannah, for appellee.
    Case Number: A21A0292

    Court affirms conviction for aggravated assault over defendant's challenge to introduction of certain evidence alleged to be hearsay

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    New York Business Litigation 2024

    Authors: David R. Marriott, Editor

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  • Thomas County, Georgia et al. v. WH Group 2, LLC

    Publication Date: 2021-04-19
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Ronald Warren, (Whitehurst, Blackburn & Warren), Thomasville, for appellant.
    for defendant: Gary Hunter, (Hopping Green & Sams PA), Tallahassee, for appellee.
    Case Number: A21A0039

    County's Challenge to Order Directing Consideration of Residential Developer's Site Plan Required Application For Discretionary Appeal

  • Rubenstein et al. v. Palatchi et al.

    Publication Date: 2021-04-19
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Hoffecker, (Hayle Hoffecker Peacock, LLC), Atlanta, for appellant.
    for defendant: Michael Holbein, (Arnall Golden Gregory LLP), Atlanta, Scott King, Michael DeLeva, (SK Law Group), Atlanta, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, for appellee.
    Case Number: A21A0095

    Borrower's Allegedly False Assurances As To His Business's Financial Raised Triable Issues as to Fraud Claim

  • Leary v. Perdue Farms, Inc.

    Publication Date: 2021-04-19
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paul Ayerbe, (Ayerbe & Cowart), Macon, for appellant.
    for defendant: James Fisher, Tiffany Winks, Caroline Jozefczyk, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A21A0289

    Evidence That Two Similarly-Named Entities Had Same Address and Registered Agent Supported Leave to Amend Complaint

  • Gonzalez v. The State

    Publication Date: 2021-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, Alex Oberkofler, (Cherokee Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: A21A0130

    Child Molestation Victim's Testimony Alone Was Sufficient to Sustain Conviction

  • Forsyth County Georgia et al. v. Mommies Properties LLC

    Publication Date: 2021-04-16
    Practice Area: Land Use and Planning
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Paul Frickey, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, for appellant.
    for defendant: James Teague, (Attorney at Law), Cumming, Larry Oldham, (Larry C. Oldham, P.C.), Cumming, Keisha Martin Chambless, (Teague & Chambless), Cumming, for appellee. John Neville, (Neville & Cunat, LLP), Cumming, for other party.
    Case Number: A20A1810

    Court rules in favor of a County in land use and building permit appeals, finding that superior court improperly dismissed evidence that favored the County