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  • Dunn et al. v. City of Stonecrest et al.

    Publication Date: 2023-08-21
    Practice Area: Administrative Law | Environmental Law | Government
    Industry: Manufacturing | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Robin Leigh, (Assistant Attorney General), Atlanta, Christopher Held, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Todd Pearson, (Molden & Associates), Atlanta, Winston Denmark, (Fincher Denmark LLC), Jonesboro, Paul Dzikowski, (Law Office of Paul J Dzikowski PC), Norcross, April Lipscomb, (Southern Environmental Law Center), Atlanta, Robert Sherrier, Atlanta, for appellee; Joshua Belinfante, Vincent Russo, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Matthew Benson, Brian Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Clark Candler, (Hall County District Attorneys Office), Gainesville, Noah Priest-Goodsett, (DeKalb County Law Department), Decatur, for other party.
    Case Number: A23A0655

    State Environmental Agency Had Jurisdictional Authority to Grant Solid Waste Handling Permit to Recycler

  • Brown v. The State

    Publication Date: 2023-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender’s Office), McDonough, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney’s Office), Fayetteville, Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A23A0704

    Business Entity Named as Payor on Stolen Check Was "Person" Within Meaning of Identity Fraud Statute

  • Samsung Electronics America, Inc. v. Brewer

    Publication Date: 2023-08-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Odom, (Greenberg Traurig, LLP), Atlanta, Robert Hughes, (Rahimi Hughes & Padgett, LLC), Savannah, James Doyle, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Harold Melton, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Quentin Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: William Hunter, Patrick O’Connor, George Major, Irving Drought, (Oliver Maner, LLP), Savannah, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellee.
    Case Number: A23A0452

    Court vacates order granting a motion to set aside a default judgment and remands for application of proper legal standard and assessment of movant's burden of proof

  • Shields v. The State

    Publication Date: 2023-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Amy Copeland, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: John Durden, Hugh Ridgway, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
    Case Number: A23A0037

    Court affirms convictions for distribution of child pornography over defendant's challenges to admission of inculpatory statements and jury instructions

  • Mullally et al. v. CU Capital Market Solutions, LLC et al.

    Publication Date: 2023-08-17
    Practice Area: Contractual Disputes | Employment Litigation
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Jerry Sims, (Davis Gillett Mottern & Sims LLC), Atlanta, for appellant.
    for defendant: Steven Polk, (Sutherland, Asbill & Brennan), Atlanta, for appellee.
    Case Number: A23A0369

    Court affirms that a restrictive covenant in an LLC operating agreement is valid and enforceable under the Georgia Restrictive Covenant Act

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    State Antitrust Law

    Authors: William T. Lifland

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  • Justice v. Georgia Department of Public Safety

    Publication Date: 2023-08-17
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Batson, (Attorney at Law), Augusta, John Czura, (Attorney at Law), Evans, McCracken Poston, (Attorney at Law), Ringgold, Jeffrey Peil, (Huggins Peil, LLC), Evans, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, Mary Greaber, (Georgia Law Department), Atlanta, for appellee.
    Case Number: A23A0160

    Court reverses dismissal of a state trooper's breach of contract action, finding that correspondence created a written contract waived sovereign immunity

  • Allen v. The State

    Publication Date: 2023-08-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Ryan Malone, (Appellate Division, Georgia Pubic Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Frederick Lewis, Veronica Hansis, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.
    Case Number: A23A0367

    Court affirms convictions for child molestation over defendant's multiple contentions of error, but vacates defendant's sentence and remands for resentencing

  • McArthur et al. v. Beech Haven Baptist Church of Athens et al.

    Publication Date: 2023-08-16
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP), Atlanta, Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Anthony Cochran, (Smith, Gambrell & Russell, LLP), Atlanta, M. Heath, (Cowsert & Avery, LLP), Athens, Kevin Hudson, Mary Walker, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, Robert Martin, Mark Silver, (Dentons US LLP), Atlanta, Matthew Moseley, (Cowsert & Avery, LLP), Athens, Edward Tolley, (Attorney at Law), Athens, Kathryn Whitlock, (McAngus, Goudelock, & Courie LLC), Atlanta, Stephen Rothring, (Wood Smith Henning & Berman LLP), Atlanta, for appellee.
    Case Number: A21A0898

    Court reverses dismissal of multiple claims related to sexual abuse brought by plaintiffs against churches that sponsored boy scout troops

  • Hall County v. Cook Communities

    Publication Date: 2023-08-16
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dana Maine, Marrissa Dunn, (Freeman Mathis & Gary LLP), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Jane Range, (Hulsey, Oliver & Mahar), Gainesville, for appellee.
    Case Number: A23A0055

    Court affirms an order denying County's motion to dismiss a lawsuit challenging a rezoning decision, finding that the challenge was legislative and not quasi-judicial.

  • Arnold v. Liggins

    Publication Date: 2023-08-16
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Travis Meyer, Jack Parker, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Crystal Kesler, (Ckesler Law, LLC), Atlanta, Clarence Bryant, (C. E. Bryant Law Firm), Atlanta, for appellee.
    Case Number: A23A0331

    Court affirms a jury's damages award in a car accident case but reverses attorney fee award because a lower settlement demand was not served in accordance with the statute