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  • Handberry v. Stuckey Timberland, Inc.

    Publication Date: 2018-04-26
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Agriculture | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Caleb Walker (Katherine L. McArthur, LLC), Macon; Katherine McArthur (McArthur Law Firm), Macon, for appellant.
    for defendant: Paul Fields, Gregory Mast (Fields Howell Athans & McLaughlin LLP), Atlanta; Brandon Oren (Jones Cork & Miller LLP), Macon; Kamber Burke (Fields Howell LLP), Atlanta, for appellant. Christopher Phillips (Hunter, Maclean, Exley & Dunn, PC.), Savannah, for amicus curiae.
    Case Number: A17A1944

    Property Lessor Was Immune from Liability to Lessee's Guest Who Entered Property for Hunting Purposes

  • Baja Properties, LLC v. Mattera et al.

    Publication Date: 2018-04-25
    Practice Area: Business Torts | Contractual Disputes | Corporate Entities
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: C. Davis (Lee Davis Law LLC), Atlanta; Emma Burke (Bailey Davis LLC), Marietta, for appellant.
    for defendant: William Ney (William Brent Ney LLC), Atlanta; Donna-Marie Hayle (Ney Hoffecker Peacock & Hayle), Atlanta, for appellee.
    Case Number: A17A1875

    Unlicensed Contractor Could Not Enforce Contract with Property Owners to Build Home for Them

  • Chrysler Group LLC n/k/a FCA US LLC v. Walden et al.

    Publication Date: 2018-04-25
    Practice Area: Damages | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Terry Otho Brantley, Mary Diane Owens, Bradley S. Wolff (Swift, Currie, McGhee & Hiers, LLP), Atlanta; Thomas H. Dupree Jr., Rajiv Mohan (Gibson, Dunn & Crutcher LLP), Washington, for appellant.
    for defendant: Karsten Bicknese, Robert Howard Betts (Seacrest, Karesh, Tate & Bicknese, LLP), Atlanta; James E. Butler Jr. (Butler, Wooten Cheely & Peak LLP), Atlanta; James Edward Butler III (Butler Tobin LLC), Atlanta; Cathy Cox (Mercer Law School), Macon; George C. Floyd (Floyd & Kendrick LLC), Bainbridge; Leigh Martin May (Butler, Wooten, Overby, Fryhofer), Atlanta; Michael Brian Terry, Frank Mitchell Lowrey IV (Bondurant, Mixson & Elmore, LLP), Atlanta; David Thomas Rohwedder (Butler Wooten & Peak LLP), Atlanta, for appellee. Michael Roger Boorman (Huff, Powell & Bailey, LLC), Atlanta; Brian David Boone, Kyle G.A. Wallace, Caroline M. Rawls, William Herman Jordan (Alston & Bird LLP), Atlanta; Christopher Randall Jordan (Hunter Maclean Exley & Dunn), Brunswick; Martin Adam Levinson (Hawkins Parnell Thackston & Young LLP), Atlanta; Garret Warrington Meader (Drew ECKL & Farnham LLP), Brunswick; James Randolph Evans, Anthony Wyatt Morris (Dentons US LLP), Atlanta, for amicus appellant. Matthew Britt Stoddard (The Stoddard Firm), Atlanta, for amicus appellee. Therese S. Barnes (Georgia Supreme Court), Atlanta, for other party. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; D. Victor Reynolds, John Stuart Melvin, Michael Scott Carlson, John Richard Edwards, Amelia Greeson Pray (Cobb County District Attorney's Office), Marietta, for neutral amicus.
    Case Number: S17G0832

    The Court of Appeals did not err in affirming the trial court's decision finding that the compensation of the CEO of a car manufacturing company was admissible in a wrongful death suit because the prejudicial effect of the evidence did not outweigh its probative value pursuant to Rule 403.

  • Access Management Group, L.P. v. Hanham et al.

    Publication Date: 2018-04-24
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lervette Blair, Ian Rapaport (Law Office of Ian R. Rapaport), Atlanta, for appellant.
    for defendant: James Teague (Attorney at Law), Cumming; Keisha Martin Chambless (Teague & Chambless), Cumming, for appellee. Kathryn Whitlock (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party.
    Case Number: A17A1752

    Property Owner Stated Negligence Claim Against Management Agent For Damage Caused by Landscaping on Adjacent Property

  • Zhong v. PNC Bank, N. A. et al.

    Publication Date: 2018-04-24
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Sarah Reise, (Ballard Spahr LLP), Atlanta; Daniel Tobin (Ballard Spahr LLP), Washington; Linda Finley, Joseph Buller, Jonathan Green, Kristin Miller (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), for appellee.
    Case Number: A17A1891

    Debtor Could Pursue Action Against Home Lender for Promissory Estoppel and for Failure to Provide Notice of Foreclosure

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    Lawyers Guide to Formulas in Deal Documents and SEC Filings

    Authors: Carla Garrett, Hayden Trubitt

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  • Georgiacarry.Org, Inc., et al. v. Atlanta Botanical Garden, Inc.

    Publication Date: 2018-04-24
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Michael Brown (Alston & Bird LLP), Atlanta, for appellee. Henry Chalmers, Andrew Stevens (Arnall Golden Gregory), Atlanta; Peter Canfield, Brian Lea (Jones Day), Atlanta, for amicus curiae.
    Case Number: A17A1639

    Private Non-Profit Organization Could Prohibit Individuals From Carrying Guns Onto Its Leased Property

  • Mercer University v. Stofer et al.

    Publication Date: 2018-04-24
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Education | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Ranse Partin, Davis Popper (Conley Griggs Partin LLP), Atlanta, for appellee.
    Case Number: A17A1515

    Triable Issues Of Fact As To Whether University Was Liable For Slip-And-Fall At Sponsored Event

  • Delpiano v. JPMorgan Chase Bank, N. A.

    Publication Date: 2018-04-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Alembik (Richard S. Alembik P.C.), Decatur, for appellant.
    for defendant: Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta, for appellee. Cynthia Smith (United States Attorneys Office), Atlanta, for other party.
    Case Number: A17A2039

    One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Georgia Pacific Consumer Products, LP v. Ratner, et al.

    Publication Date: 2018-04-18
    Practice Area: Environmental Law | Real Estate
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A17A1969

    In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.