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  • Gates et al. v. Taylor County School District et al.

    Publication Date: 2018-07-13
    Practice Area: Education Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mitchell Graham (G. Roger Land & Associates), Atlanta; G. Land (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Smith (Attorney at Law), Gainesville, for appellee.
    Case Number: A18A0118

    The trial court properly held that the officer de facto doctrine defeated plaintiffs' challenge to a school board's actions.

  • Groce et al. v. M24, LLC

    Publication Date: 2018-07-13
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Melissa Hise (Palmour Law Firm), Summerville; Albert Palmour (Attorney at Law), Summerville, for appellant.
    for defendant: Melissa Perignat, Derek Krebs (Holt Ney Zatcoff & Wasserman LLP), Atlanta, for appellee.
    Case Number: A18A0016

    Claim That Property Offeror Misrepresented Boundaries Failed Where Boundaries Were Correctly Described in Written Contract

  • Polis et al. v. Ling et al.

    Publication Date: 2018-07-12
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eric Ripper (Ripper Law Firm PC), Atlanta; Scott Zahler (Goetz Zahler LLC), Atlanta, for appellant.
    for defendant: Matthew Alford (Willis McKenzie LLP), Lagrange, for appellee.
    Case Number: A18A0808

    Medical Malpractice Action Was Filed More Than Two Years After Latest Possible Misdiagnosis

  • Marroquin v. The State

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0235

    Sufficient Evidence Established That Sex Offense Was Not Result of Mistake as to Victim's Identity

  • Crittenden et al. v. White

    Publication Date: 2018-07-11
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Annette Cowart (Georgia Department of Law), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Michelle LeGrande (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Adrianne Freeman (Georgia Legal Services Program), Athens, for appellee.
    Case Number: A18A0457

    Legal Permanent Resident Who Entered U.S. in 1996 And Remained Physically Present Not Subject to Waiting Period for Medicaid Eligibilty

  • Altamaha Riverkeeper, Inc. v. Rayonier Performance Fibers, LLC et al.

    Publication Date: 2018-07-11
    Practice Area: Energy and Natural Resources | Environmental Law
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Robert Brown, Megan Huynh (Southern Environmental Law Center), Atlanta; Donald Stack (Stack & Associates PC), Atlanta; Keri Powell (Law Office of Keri N Powell LLC), Decatur, for appellant.
    for defendant: Patricia Barmeyer, Randall Butterfield, Stephen McCullers (King & Spalding LLP), Atlanta; James Durham (Hall Booth Smith P.C.), Brunswick; Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), James Coots (Senior Assistant Attorney General), Atlanta; Graham Barron (GA Department of Law), Atlanta, for appellee. Georgia Industry Environmental Coalition Inc, Atlanta; Douglas Henderson (Troutman Sanders), Atlanta; Georgia Riverkeepers, Decatur; Charles Cork (Attorney at Law), Decatur, for amicus curiae.
    Case Number: A18A0594

    Environmental Protection Division's Interpretation of Narrative Standard in Regulation Governing Pollution Discharge Into Rivers Was Entitled to Deference

  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance

  • Bennett v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kelly Williamson (Augusta Circuit Public Defender's office), Augusta; Brooke Ray (Law Office of the Public Defender, Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Ashley Muller (Augusta Circuit District Attorney's Office), Augusta; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta; Rebecca Wright (District Attorney), Augusta, for appellee.
    Case Number: A17A0181

    Incarcerated First Offender Was Subject to Mandatory DNA Testing and Records Retention

  • Kennestone Hospital, Inc. d/b/a Wellstar Kennestone Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2018-07-09
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden (Parker Hudson Rainer & Dobbs LLP), Atlanta; David Conley, Robert Ingram (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Roxana Tatman (Department of Community Health), Atlanta; Daniel Walsh (Department of Law, State of Georgia), Atlanta; Rachel King (Georgia Department of Community Health), Atlanta; Monica Sullivan (Department of Law), Atlanta; Seslee Mattson, Robert Threlkeld, Anthony Cestaro (Morris Manning & Martin LLP), Atlanta; Commissioner Frank Berry, Atlanta; Office of the General Counsel Department of Community Health, Atlanta, for appellee.
    Case Number: A18A0211

    The superior court did not err in affirming the Georgia Department of Community Health's grant of a certificate of need to Piedmont Hospital for the establishment of a radiation therapy service in Cobb County.

  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2018-07-09
    Practice Area: Internet Law | Personal Injury
    Industry: Automotive | Entertainment and Leisure | Software
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Todd Henningsen (Attorney at Law), Atlanta; Darryl Adams, Susan Cremer, Timothy Peagler (Law Offices of Michael Lawson Neff PC), Atlanta; John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Naveen Ramachandrappa, Michael Terry, Amanda Bersinger (Bondurant Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellant.
    for defendant: Lori Cohen, Mark Trigg, Janna Nugent (Greenberg Traurig LLP), Atlanta; Benjamin Kleine, Michael Rhodes (Cooley LLP), San Francisco, for appellee. Robert Johnson (Johnson & Alday LLC), Marietta; Anne Gower (Attorney at Law), Atlanta, for other party.
    Case Number: A18A0749

    Snapchat Not ImmuneFrom Liability For Designing and Creating App That Allegedly Encouraged Excessive Speeding