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  • Swanson v. The State

    Publication Date: 2023-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Dixon Lackey, Herbert Poston, (District Attorney), Dalton, Jefferson, for appellee.
    Case Number: A22A1554

    Court affirms conviction for DUI less safe over defendant's multiple contentions of ineffective assistance of counsel

  • ABM Aviation v. Prince

    Publication Date: 2023-03-06
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Rachel Deloach-Bukle, (Monge & Associates), Atlanta, for appellee.
    Case Number: A22A1566

    Court affirms denial of summary judgment on a respondeat superior claim as to an employer's liability but reverses as to denial of judgment on direct negligence claims

  • BPG Inspection, LLC et al. v. Omstead

    Publication Date: 2023-03-06
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Edward Burch, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Stephen Chance, Lance Lourie, Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A22A1730

    Court enforces a one-year contractual limitations period for actions in tort and contract and reverses award to a plaintiff that sued for wrongful death damages

  • Cobb County v. Mable Oak Development, LLC

    Publication Date: 2023-02-28
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Debra Blair, Laura Murphree, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Roy Barnes, (The Barnes Law Group, LLC), Marietta, Hylton Dupree, (Dupree & Kimbrough, LLP), Marietta, for appellee.
    Case Number: A22A1658

    Court dismisses appeal as moot because appellant performed acts required by an injunction and failed to seek or procure a supersedeas

  • Reid v. Samsung SDI Co., Ltd.

    Publication Date: 2023-02-28
    Practice Area: Law Firm Client Relationships | Products Liability
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Min Koo, (Infinity Trial Group, P.C.), Atlanta, Pete Werdesheim, (Werdesheim Law Firm, LLC), Atlanta, for appellant.
    for defendant: Christine Mast, (Hawkins Parnell & Young, LLP), Atlanta, Robert Thompson, (Attorney at Law), Atlanta, for appellee; Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for other party.
    Case Number: A22A1728

    Court affirms disqualification of plaintiff's attorney in a product liability case where she had previously worked for the defendant's liability insurer on similar matters

  • Law Journal Press | Digital Book

    New Jersey Federal Civil Procedure 2024

    Authors: Elizabeth J. Sher, Kerri E. Chewning

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  • The State v. Newberry

    Publication Date: 2023-02-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Kelly Weathers, John Fitzner, (Middle Judicial Circuit - District Attorney), Swainsboro, for appellant.
    for defendant: James Tramel, (Attorney at Law), Lilburn, for appellee.
    Case Number: A22A1467

    Court reverses dismissal of charges, finding that missing video footage of the charged crime was not exculpatory and defendant's due process rights were not violated

  • Kim v. The State

    Publication Date: 2023-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Ashleigh Merchant, John Merchant, (The Merchant Law Firm, P.C.), Marietta, for appellant.
    for defendant: Ruth Pawlak, Fani Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A22A1345

    Court affirms convictions for rape and other crimes over defendant's challenge to sufficiency of evidence and claims of ineffective assistance of counsel

  • United Parcel Service of America, Inc. et al. v. Whitlock et al.

    Publication Date: 2023-02-27
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dennis Cathey, Matthew Cathey, (Cathey & Strain, LLC), Cornelia, for appellee; Denise Hoying, Peter Law, (Law & Moran), Atlanta, John McKinley, Sean Boyd, (Mozley, Finlayson & Loggins LLP), Atlanta, for other party.
    for defendant: Jonathan Friedman, Philip O’Neill, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    Case Number: A22A1231

    Court affirms order applying South Carolina law to wrongful death and punitive damages claims and vacates and remands an order that addressed spoliation of evidence

  • BCG Operations, LLC v. Town of Homer et al.; and vice versa

    Publication Date: 2023-02-27
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Reeves, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, Matthew Smith, Daniel Dupree, (Smith Gilliam Williams & Miles PA), Gainesville, Patrick Testa, (Miller & Martin PLLC), Atlanta, for appellant.
    for defendant: Johannes Kingma, Daniel Millman, (Stites & Harbison PLLC), Atlanta, R. Syfan, (Hulsey, Oliver and Mahar, LLP), Gainesville, for appellee.
    Case Number: A22A1183

    Court affirms denial of motion for summary judgment on damages where petitioner had already been awarded a writ of mandamus, and dismisses cross-appeal as moot

  • Underwood v. The State

    Publication Date: 2023-02-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Kristin Waller, (Attorney at Law), Jefferson, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Patrick Najjar, (Piedmont Judicial Circuit - District Attorney’s Office), Jefferson, for appellee.
    Case Number: A22A1448

    Court affirms convictions for trafficking of methamphetamine and other crimes over defendant's challenge to denial of her motion to suppress evidence