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  • Baker v. Schrimsher

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Vic B. Hill and Brad E. Macdonald Hill-Macdonald LLC, Marietta, for appellant.
    for defendant: Reed Edmondson Jr., Covington, for appellee.
    Case Number: S12A0665

    The trial court properly found a former husband in contempt of his divorce agreement when he failed to meet his obligations to hold his form e harmless for any indebtedness, even though the for

  • Foster v. Weitzel

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Janice L. Mathis, Atlanta, for appellant.
    for defendant: . John A. Meier II, Dana M. Thompson Thompson, Meier & King PC, Canton, and David W. Lindsey Law Office of George Weaver, Jasper, for appellees.Attorneys
    Case Number: S12A1065

    The evidence presumably supported the probate court's finding that the decedent's 2009 will expressly revoked her 2008 will and was self-pr

  • Danenberg v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John C. Bell Jr. Bell & Brigham, Augusta, and Robert W. Cullen, Decatur, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gregory L. Bushway, Keagan W. Goodrich, Assistant District Attorneys, Gray, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0524

    The statutory procedure for appointing a psychiatrist to examine defendants who raise an insanity defense did not violate the defendant's due process r

  • Northway v. Allen

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles S. Herman Bignault & Carter, Savannah, for appellant.
    for defendant: Richard R. Rafter Ratchford & Rafter LLP, Claude M. Kicklighter Jr., Springfield, and Andrea A. Smart, Rincon, for appellees.
    Case Number: S12A0492

    The city council failed to state a claim for relief in its petition to remove an elected mayor from o

  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gregory K. Morgan Cohen Pollock Merlin & Small PC, Elizabeth B. Hodges, Atlanta, James B. Blackburn and Peter A. Giusti City of Savannah, Savannah, for appellant.
    for defendant: Robert S. Glenn Jr. Ellis Painter Ratterree & Adams LLP, Stanley Karsman, Savannah, Charles J. Willis, Mark L. Degennaro Willis McKenzie LLP, LaGrange, Adam M. Hames The Hames Law Firm LLC, Atlanta, Brian J. Vella and Jennifer A. Mahar Smith Pachter McWhorter PLC, Vienna, Va., for appellees.
    Case Number: S11G1814

    Uniform Superior Court Rule 25.3—providing the threshold requirements for a motion to recuse to be assigned to another judge for determination—does not authorize a discretionary determination on the

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    New Jersey Employment Law 2024

    Authors: Rosemary Alito

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  • Flowers v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0155

    The trial court did not err in refusing to give the defendant's requested charge on mere presence, since the evidence showed that he pointed the gun at the victim and shot him during an argument ove

  • Appleton v. Alcorn

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Hungeling, Atlanta, for appellant.
    for defendant: Mark B. Bullman Glaser Currie & Bullman LLP, Atlanta, for appellees.
    Case Number: S11G1145

    ERISA does not preempt state law claims against the beneficiary of funds already distributed from an ERISA

  • White v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0440

    The trial court did not err in accepting the jury's verdict finding the defendant guilty of felony murder without having entered a verdict with regard to voluntary manslau

  • Viskup v. Viskup

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles G. Harbin Jr., Marietta, for appellant.
    for defendant: Roger M. Johnson and Jennifer S. Gill Bray & Johnson, Canton, for appellee.
    Case Number: S12A0276

    Evidence supported the trial court's determination that venue was proper in the county where the mother filed her petition for modification of child custody, as the father did not change his county

  • Williams v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0594

    The trial court did not violate the defendant's due process rights in sentencing him to life without parole on his malice murder conviction under the current form of O.C.G.A. §16-5-1 d, which provid