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  • The State v. Carswell

    Publication Date: 2023-04-19
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Daniel Bibler, (Deputy Chief Assistant District Attorney Houston Judicial Circuit), Perry, Anita Howard, (Macon Judicial Circuit District Attorney’s Office Office of the District Attorney Macon Judicial Circuit), Macon, for appellant.
    for defendant: Erikka Williams, (Williams Law Group), Warner Robins, for appellee.
    Case Number: A23A0209

    State Could Not Appeal From Trial Court Order on Motion Filed Less Than 30 Days Before Scheduled Start of Trial

  • Espinoza v. Morel et al.

    Publication Date: 2023-04-18
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Romero Pearson, (Pearson Law Group, LLC), Lawrenceville, for appellant.
    for defendant: David Olson, (Fain, Major and Brennan, LLP), Atlanta, for appellee.
    Case Number: A22A1653

    Court reverses summary judgment order that had been in favor of a dog's owners where party injured by the dog could show violation of a local restraint ordinance

  • Atlanta Postal Credit Union v. Holiday et al.

    Publication Date: 2023-04-18
    Practice Area: Banking and Finance Laws | Class Actions
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Aaron Kappler, Jeffrey Reynolds, William Diehl, (Thompson O’Brien Kappler & Nasuti), Peachtree Corners, for appellant.
    for defendant: Kristi McGregor, James Evangelista, David Worley, Hannah Drosky, (Evangelista Worley LLC), Atlanta, Jeff Ostrow, (Kopelowitz Ostrow Ferguson Weiselberg Gilbert), Fort Lauderdale, Jonathan Streisfeld, Daniel Tropin, (One West Las Olas Blvd.), Fort Lauderdale, Jeffrey Kaliel, Berkley, Sophia Gold, (Kalielgold, PLLC), Berkley, for appellee.
    Case Number: A22A1630

    Court affirms denial of a motion to dismiss a class action in a breach of contract case involving credit union overdraft fees, and affirms certification of the class

  • Perdue et al. v. Barron et al.

    Publication Date: 2023-04-17
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Robert Cheeley, (Cheeley Law Group LLC), Alpharetta, Gabrielle Holland, (Attorney at Law), Alpharetta, William Charles Bundren, (Bundren Law Group, PLLC), Frisco, for appellant.
    for defendant: Charles Joyner, (C. David Joyner, P.C.), Buford, Cheryl Ringer, Mathew Plott, (Fulton County - Office of the County Attorney), Atlanta, Donald Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellee.
    Case Number: A22A1528

    Court affirms dismissal of a petition for declaratory and injunctive relief that addressed matters involving the November 2020 general election

  • York d/b/a York Builders v. Moore

    Publication Date: 2023-04-17
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Edward Miller, William Prosch, (E. Alan Miller, P.C.), Atlanta, for appellant.
    for defendant: Eric Miller, (Miller Insurance Law Enterprise), Atlanta, for appellee.
    Case Number: A22A1359

    Court determines that a contractor is not liable for torts committed by an independent contractor where no express contract existed to assign that liability

  • Law Journal Press | Digital Book

    California Legal Malpractice Law 2014

    Authors: J. Randolph Evans, Shari L. Klevens, Suzanne Y. Badawi

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  • Bray et al. v. Watkins

    Publication Date: 2023-04-13
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A1469

    Court affirms summary judgment in favor of a sheriff who failed to activate a tornada warning system, finding that the public duty doctrine barred the plaintiff's claims

  • Jones v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2023-04-12
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Benjamin Driggers, (B. Dave Driggers, P.C.), Macon, Jarome Gautreaux, (Gautreaux Law, LLC), Macon, F. Wilson, (Attorney at Law), Macon, for appellant.
    for defendant: Corrie Hall, Duke Groover, (James-Bates-Brannan-Groover-LLP), Macon, Samuel Alderman, (Attorney at Law), Macon, Wallace Miller, (Wallace Miller III, LLC), Macon, Mary Eva Hutcherson, (Alderman & Hutcherson), Macon, for appellee.
    Case Number: A22A1685

    Court rejects arguments from beneficiaries of an auto insurance policy that the policyholder had higher uninsured motorist coverage limits

  • Gwinnett County et al. v. Netflix, Inc. et al.

    Publication Date: 2023-04-12
    Practice Area: Communications and Media
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Jennifer Peterson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta, Steven Berezney, Garrett Broshuis, (Korein Tillery, LLC), St. Louis, for appellant.
    for defendant: Michael French, (Wargo, French & Singer LLP), Atlanta, Rachel Gage, Richard Robbins, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, Jean Pawlow, MARY Alexander, Robert Collins, Joseph Thomas, Peter Davis, (Latham & Watkins, LLP), Chicago, Gregory Garre, (Latham & Watkins, LLP), Washington, Stephen LaBriola, Ethan Knott, (Fellows LaBriola LLP), Atlanta, Victor Jih, Russell Kostelak, Eric Kohan, Kelly Yin, (Wilson Sonsini Goodrich & Rosati), Los Angeles, Michael French, (Wargo, French & Singer LLP), Atlanta, J. Walker, (Attorney at Law), Atlanta, John Jett, Ava Conger, Kevin Sears, (Kilpatrick Townsend & Stockton, LLP), Atlanta, Elba Smith, Ava Conger, (Kilpatrick Townsend & Stockton, LLP), Dallas, Pantelis Michalopoulos, (Steptoe & Johnson, LLP), Washington, William Holley, Scott Zweigel, John Elliott, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, Matthew Friedman, Pantelis Michalopoulos, (Steptoe & Johnson, LLP), Washington, Jared Butcher, (Berliner Corcoran & Rowe LLP), Washington, for appellee; Holly Pierson, (Pierson Law LLC), Atlanta, Judson Turner, (Gilbert Harrell Sumerford & Martin P.C., Brunswick, for AM.
    Case Number: A22A1172

    Court affirms dismissal of a County's complaint against streaming services for payment of franchise fees under the Consumer Choice for Television Act

  • Pickens County v. Talking Rock Bluffs, LLC

    Publication Date: 2023-04-12
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Phillp Friduss, (Hall Booth Smith, PC), Atlanta, Nicholas Kinsley, (Hall Booth Smith, PC), Tifton, for appellant.
    for defendant: Joshua Scoggins, (Attorney at Law), Cumming, Jeremy Underwood, Kenneth Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: A22A1253

    Court affirms denial of a motion to dismiss a complaint for declaratory judgment that challenged the denial of a party's petition for rezoning

  • Lynch et al. v. Lynch et al.

    Publication Date: 2023-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Brian Deutsch, (McCurdy and Candler, LLC), Decatur, Benjamin Pierman, (Harrison & Held, LLP), Atlanta, for appellant.
    for defendant: Jason Smith, (Attorney at Law), Winter Garden, John Park, (Law Offices of Jack Park), Gainesville, for appellee.
    Case Number: A22A1747

    Court affirms summary judgment on breach of contract claim against a decedent's executor but reverses as to the executor's personal liability for that claim