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  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.
    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • Advanced Disposal Services Atlanta, LLC. v. Marczak et al.

    Publication Date: 2021-05-04
    Practice Area: Personal Injury
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Dixon, Melody Demasi, (Dennis, Corry, Porter & Smith, L.L.P.), Atlanta, for appellant.
    for defendant: Michael Calabro, (Attorney at Law), Roswell, Stephen Berger, (Attorney at Law), Marietta, Marina Melman, (Melman Law Group), Roswell, for appellee. James Strawinski, (Strawinski & Stout, P. C.), Atlanta, for other party.
    Case Number: A21A0180

    Court affirms denial of summary judgment on respondeat superior and negligent training claims, and reverses order granting summary judgment on negligent retention

  • Samdperil et al. v. Watson

    Publication Date: 2021-04-22
    Practice Area: Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Aaron Kappler, (Thompson, O'Brien, Kemp & Nasuti, P.C.), Peachtree Corners, Aaron O'brien, (Thompson O'Brien), Norcross, for appellant.
    for defendant: Benjamin Rachelson, (Rachelson & White), Atlanta, Brian Wilson, (Bodker, Ramsey, Andrews, Winograd & Wildstein P.C.), Atlanta, for appellee.
    Case Number: A21A0542

    Promissory Note Unambiguously Provided For Default Upon Failure to Include Interest With Interim Payment

  • Rubenstein et al. v. Palatchi et al.

    Publication Date: 2021-04-19
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Charles Hoffecker, (Hayle Hoffecker Peacock, LLC), Atlanta, for appellant.
    for defendant: Michael Holbein, (Arnall Golden Gregory LLP), Atlanta, Scott King, Michael DeLeva, (SK Law Group), Atlanta, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, for appellee.
    Case Number: A21A0095

    Borrower's Allegedly False Assurances As To His Business's Financial Raised Triable Issues as to Fraud Claim

  • Leary v. Perdue Farms, Inc.

    Publication Date: 2021-04-19
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive | Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Paul Ayerbe, (Ayerbe & Cowart), Macon, for appellant.
    for defendant: James Fisher, Tiffany Winks, Caroline Jozefczyk, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A21A0289

    Evidence That Two Similarly-Named Entities Had Same Address and Registered Agent Supported Leave to Amend Complaint

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Gonzalez v. The State

    Publication Date: 2021-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, Alex Oberkofler, (Cherokee Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: A21A0130

    Child Molestation Victim's Testimony Alone Was Sufficient to Sustain Conviction

  • Mendez v. The State

    Publication Date: 2021-04-14
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Israel Mendez, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A21A0241

    Trial Court Erred in Denying Defendant's Motion for an Out-of-Time Appeal Without an Evidentiary Hearing

  • Hunt v. The State

    Publication Date: 2021-04-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Crystal Polizzi, (Polk County District Attorney's Office), Cedartown, for appellee.
    Case Number: A21A0339

    Trial Court Abused its Discretion in Revoking Probation; State Failed to Provide Necessary Evidentiary Connection Between Defendant and Gun

  • Hartman v. The State

    Publication Date: 2021-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lauren Shubow, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Teri Walker, Richard Caplan, Claude Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A1911

    Court affirms convictions for rape and aggravated sodomy over defendant's challenges to evidence and claims of ineffective assistance of counsel

  • Napier Jr. et al. v. Kearney

    Publication Date: 2021-03-31
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Merbaum, Andrew Becker, Matthew Mikkelsen, (Merbaum & Becker, P.C.), Alpharetta, for appellant.
    for defendant: Kim Jackson, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Peter Jacxsens, Lauren Dick, (Hawkins Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A20A1902

    Court affirms summary judgment in favor of seller on house purchasers' rescission claim but reverses on their fraud and misrepresentation claims.