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  • Doe v. Saint Joseph's Catholic Church et al.

    Publication Date: 2022-10-14
    Practice Area: Civil Procedure
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Edward Wasmuth, (Smith, Gambrell & Russell), Atlanta, for appellee; Emily Hetherington, (Georgia Law Center), Atlanta, Melina Lewis, (Georgia Legal Services Program), Athens, for AM.
    Case Number: A20A0784

    Court reverses dismissal of sexual abuse claims against a Church because plaintiff may be able to show facts to justify tolling of the limitations under OCGA §9-3-96

  • Georgia Division, Sons of Confederate Veterans, Inc. et al. v. Downs et al.

    Publication Date: 2022-10-06
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Walker Chandler, (Office of the Public Defender), Peachtree City, for appellant.
    for defendant: Timothy Buckley, Taylor Hensel, (Buckley Christopher, P.C.), Atlanta, Bennett Bryan; Laura Johnson, (DeKalb County Law Department), Decatur, for appellee.
    Case Number: A22A0663

    Court affirms dismissal of a challenge to the removal of a Confederate monument from a public setting because plaintiffs lacked standing to sue

  • T & R South Sanitation et al. v. Lowe

    Publication Date: 2022-09-29
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: T & R South Sanitation et al, Jonesboro, Kimberly Ellison, Wayne Kendall, (Wayne B. Kendall P.C.), Fayetteville, for appellant.
    for defendant: William Joyner, (Haug Law Group LLC), Atlanta, for appellee.
    Case Number: A22A0796

    Court remands personal injury action to the trial court for consideration of whether plaintiff's claims are precluded by remedies under the Workers' Compensation Act

  • Harris v. The State

    Publication Date: 2022-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Dewaymon Harris, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: William Doupe, Terry Lloyd, (Toombs Judicial Circuit District Attorney), Thomson, for appellee.
    Case Number: A22A0736

    Court affirms denial of motion to vacate or correct a void sentence because that sentence was within statutory guidelines, regardless of improper recidivist enhancement

  • Durham v. The State

    Publication Date: 2022-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Christopher Arnt, Bruce Roberts, (District Attorney), LaFayette, for appellee.
    Case Number: A22A0867

    Court reverses convictions for methamphetamine possession and possession of a weapon because only uncorroborated accomplice testimony was entered against defendant

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Gardei v. Conway et al.

    Publication Date: 2022-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mimi Duong, (The Law Offices of Mark Allen Yurachek & Associate), Atlanta, for appellant.
    for defendant: Tuwanda Williams, Murray Weed, (Gwinnett County Department of Law), Lawrenceville, Andrew Pinson, (Office of the Attorney General), Atlanta, Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Tina Piper, (Attorney General), Atlanta, Rebecca Dobras, (Attorney at Law), Decatur, for appellee.
    Case Number: A20A0818

    Cause of action for declaratory and injunctive relief against enforcement of the Georgia Sex Offender Act is not time-barred when action has not yet accrued

  • Darden v. Progressive Mountain Insurance Company et al.

    Publication Date: 2022-07-27
    Practice Area: Insurance Litigation
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Calabro, (Attorney at Law), Chamblee, for appellant.
    for defendant: Elliot Durham, (Blake Durham Law, LLC), Evans, William Turnipseed, (Savell & Williams), Atlanta, for appellee.
    Case Number: A22A0369

    Court affirms summary judgment to one insurer but reverses as to another in a contractual insurance coverage dispute over whether certain policy exclusions applied

  • The Georgia Power Company v. Brandreth Farms, LLC

    Publication Date: 2022-07-22
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Agriculture | Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: T. Archer, Malissa Kaufold-Wiggins, Meghan Pieler, (Balch & Bingham LLP), Atlanta, Samuel Lucas, J. Davis, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, for appellant.
    for defendant: John Connolly, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A22A0165

    Res Judicata Barred Farm Owner's Claims Against Georgia Power Co. for Fire Allegedly Caused by Defective Electrical Equipment

  • Arbor Management Services, LLC v. Hendrix et al.

    Publication Date: 2022-07-19
    Practice Area: Personal Injury | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Graham, Erin Coia, (Hall Booth Smith, PC), Atlanta, Teresa Tomlinson, (Hall Booth Smith, PC), Columbus, for appellant.
    for defendant: William Atkins, Roderick Edmond, Keith Lindsay, (Edmond, Lindsay & Hoffler. LLP), Atlanta, for appellee; Bryan Lutz, (Alston & Bird, LLP), Atlanta, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, for AM.
    Case Number: A22A0068

    Court reverses denial of motion to dismiss a complaint for negligence over a COVID-related death because plaintiff's conduct did not rise to a level of gross negligence

  • GS Cleantech Corporation et al. v. Cantor Colburn, LLP

    Publication Date: 2022-07-13
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: J. Hord, Ellen Lighthiser, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: John Brumbaugh, Lawrence Slovensky, Brian White, Billie Pritchard, Carson Bennett, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A0387

    Court reverses denial of motion to dismiss law firm's declaratory judgment petition and refers legal malpractice matter to Connecticut arbitration