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  • Davis v. State

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Robert Faircloth District Attorney's Office, Dublin, for appellee.
    Case Number: A13A0703

    Under the rule of lenity, the defendant could not receive the greater sentence imposed for aggravated sexual battery by the version of O.C.G.A. § 16-6-22.2 subsection c applicable after July 1, 2006

  • Eatmon v. Weeks

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0692; A13A0693

    Because no question of fact remained as to whether the defendant driver's stroke was reasonably foreseeable, the trial court erred in denying the defendant's motion for summary judgment on the plai

  • Suntrust Bank v. Denton

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0132; A13A0133

    The plaintiffs could not satisfy the proximate cause element of their civil RICO claim, as their injuries were the indirect result of predicate acts directed at third pa

  • Lamar v. All Am. Quality Foods Inc.

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Scott Zahler Goetz Zahler LLC, Atlanta, for appellant.
    for defendant: . John Alday, Rakhi McNeill, and Russell Waldon Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A13A0494

    The trial court erred in failing to respond to the jury's question during deliberation asking for the meaning of the term "constructive knowledge" in a slip and fall

  • Miller v. GGNSC Atlanta LLC

    Publication Date: 2013-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0061; A13A0062

    A consumer arbitration agreement executed as part of the plaintiff's admission to the defendant nursing home and convalescent center was unenforceable, since it designated the National Arbitration A

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Willesen v. Ernest Commc'n Inc.

    Publication Date: 2013-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Hardy, Atlanta, for appellant.
    for defendant: Elizabeth Clack-Freeman and Donald Swift Andersen, Tate, Carr, Duluth, for appellee.
    Case Number: A13A0349

    The exculpatory clause in the parties' con did not bar the plaintiff's action for commissions he alleged he was owed under the con

  • Johnson v. Allied Recycling Inc.

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Wingate Myers & Stroberg LLP, Gainesville, for appellant.
    for defendant: John Strauss, Covington, for appellee. Other party representation: Debra McLean, Atlanta.
    Case Number: A13A0068

    A recycling company regained its right to pursue its claim against a defunct com nd the defendant personally for her conversion and/or misuse of com ssets, as well as her commingling of co

  • McGee v. Patterson

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0038

    The trial court erred in concluding that the plaintiffs lacked standing to bring an action against the board of directors of their homeowners' association because they had not yet paid an increased

  • Hunter v. Emory-Adventist Inc.

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
    for defendant: Natalie Beasman and James Meadows Balch & Bingham, Atlanta, for appellees.
    Case Number: A13A0189

    The defendant hospital was protected from vicarious liability in the medical malpractice lawsuit because it fully complied with Georgia law in posting notice in a public area of the hospital regard

  • Georgia Farm Bureau Mut. Ins. Co. v. Croft

    Publication Date: 2013-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Duke Groover James, Bates, Pope & Spivey LLP, Macon, and Bradley Watkins Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellant.
    for defendant: Alan Tucker, Brunswick, for appellees.
    Case Number: A13A0805

    Genuine issues of material fact remained in the plaintiffs' action seeking a declaration that the insurance company was liable for the full replacement cost to rebuild their house after a fire parti