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  • The Best Jewelry Mfg. Co. Inc. v. Reed Elsevier Inc.

    Publication Date: 2016-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Newton, Atlanta, Shuli Green, Decatur, James Hurt Hurt Stolz PC, and Irwin Stolz Hurt, Stolz Cromwell LLC, Athens, for appellant.
    for defendant: . Kaye Burwell, Kristen Williams, Lanna Hill Fulton County Attorney's Office, Cynthia Burnside, and Vernon Strickland Holland Knight LLP, Atlanta, for appellees.
    Case Number: A15A0970

    The plaintiff failed to state a claim for any of its causes of action in its lawsuit challenging Fulton County State Court's adoption of an electronic filing s

  • Georgia Dep't of Community Health v. Neal

    Publication Date: 2016-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, William Banks, Deputy Attorney General, Robin Leigh, Assistant Attorney General, Julie Jacobs, and Stephanie Burnham Attorney General's Office, Atlanta, for appellant.
    for defendant: Michael Foust, Allan Parks Parks, Chesin Walbert PC, Jeffrey Berhold, and Peter Lampros, Atlanta, for appellee.
    Case Number: A15A1033

    The plaintiff failed to show that she entered into a signed, written contract with the defendant government such that the ex contractu exception to the State's sovereign immunity applied; the

  • Easter v. State

    Publication Date: 2016-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Christopher R. Geel, Mount Pleasant, SC, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, and Amanda N. Heath The Law Offices of Tanya D. Jeffords, Augusta, for appellee.
    Case Number: A14A0358

    The Court of Appeals erred in finding that the trial court erred in charging the jury on aggravated assault in a manner not alleged in the indic

  • Kingdom Retail Group LLP v. Pandora Franchising LLC

    Publication Date: 2016-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Ashby Fox and Gregory Harley Burr Foreman LLP, Atlanta, for appellant.
    for defendant: Robert Norman, Hays McQueen Jones Cork Miller LLP, Macon, and Kara Lyons Faegre Baker Daniels LLP, Denver, CO, for appellee.
    Case Number: A15A0895

    The trial court erred in transferring the plaintiff's tort action against a foreign corporation to another county in Georgia pursuant to O.C.G.A. § 14-2-510 subsection b 4, because the defendant's p

  • Hawkins v. Blair

    Publication Date: 2016-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Ford, Atlanta, Dennis Cathey, and Matthew Cathey Cathey Strain, Cornelia, for appellant.
    for defendant: . William Jones and Kent Stair Carlock, Copeland Stair LLP, Atlanta, for appellees.
    Case Number: A15A1376

    The trial court did not abuse its discretion in dismissing a complaint two South Carolina residents filed in Fulton County against a South Carolina resident and a law firm located in South Carolina

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Amica Mut. Ins. Co. v. Sanders

    Publication Date: 2016-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Taylor Fain, Major Brennan PC, Atlanta, for appellant.
    for defendant: Mark Calhoun and Alex Nguyen, Norcross, for appellees. Other party representation: John Zwald, Suwanee.
    Case Number: A15A0917

    Insurer defendants who use the so-called 17 c formula cannot be found to have acted in bad faith as to their insured's c merely by virtue of using the formula to assess diminished value c

  • Redmon v. Daniel

    Publication Date: 2016-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Dixon Dennis, Corry, Porter Smith LLP, Atlanta, for appellant.
    for defendant: . Craig Jones The Orlando Firm PC, Decatur, for appellees. Other party representation: Jane Wilkes Sharon W. Ware Associates, Atlanta, and Nikolai Makarenko Groth Makarenko LLC, Suwanee.
    Case Number: A15A1454

    The evidence did not provide the jury with a reasonable basis for concluding that any negligence by the defendants was a cause-in-fact of the plaintiff's husband's death, and the trial court therefo

  • The Higbee Co. v. Solomon

    Publication Date: 2016-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Andrei Ionescu Webb, Zschunke, Neary Dikeman LLP, and Marvin Devlin, Atlanta, for appellant.
    for defendant: . James Potts and Anthony McGee, Atlanta, for appellee.
    Case Number: A15A1176

    The defendants waived their objection to the availability of punitive damages by not taking exception to the alleged error at the earliest possible opport

  • Walters v. State

    Publication Date: 2016-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Lyndsey Rudder District Attorney's Office, Savannah, for appellee.
    Case Number: A15A1471

    The court did not reversibly err in allowing the State to introduce the victim's prior consistent statement, since the defendant attacked the victim's credibility at

  • Alexander v. State

    Publication Date: 2016-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Atlanta, and Lenny Krick, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A0190

    The Supreme Court overruled Williams v. Duffy, 270 Ga. 580 1999, and its progeny and held that an attorney's failure to inform his or her client that he or she would be ineligible for parole as a re