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  • In/Ex Systems, Inc. v. Masud et al.

    Publication Date: 2019-12-16
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta, William Strickland, (Temple, Strickland, Dinges & Schwartz), Atlanta, for appellant.
    for defendant: Andrew Rogers, (Deitch & Rogers, LLC), Atlanta, M. Baig, (The Baig Firm), Norcross, Joseph Cruser, Craig Terrett, (Cruser & Mitchell, LLP), Norcross, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Hammer, (Lueder Larkin & Hunter, LLC), Atlanta, Elissa Haynes, (Goodman McGuffey LLP), Atlanta, for other party.
    Case Number: A19A0805

    Defendant's employer is not vicariously liable for injuries caused by employee's actions when plaintiff failed to show employee's negligence.

  • ALR Oglethorpe, LLC et al. v. Fidelity National Title Insurance Co.

    Publication Date: 2019-11-08
    Practice Area: Civil Procedure
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Dana Diment, Samantha Gunnison, (Diment Porterfield LLP), Carrollton, Robert Lovett, (FisherBroyles, LLP), Savannah, for appellee.
    Case Number: A19A1485

    Consent to Jurisdiction in Particular County Did Not Compel Venue Transfer in Later Related Action

  • K/C Ice, LLC et al. v. Connell

    Publication Date: 2019-11-08
    Practice Area: Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Zachary Cowart, (Cowart & Perry, LLP), Valdosta, Leland Kynes, (Kynes Law, LLC, Atlanta, for appellant.
    for defendant: Jennifer Monroe, (N. Matthew Monroe PC), Valdosta, William Langdale, (Langdale & Vallotton LLP), Valdosta, for appellee.
    Case Number: A19A1615

    Genuine Issue of Material Fact as to Whether Co-Obligor Under Guaranty Agreement Received Unequal Benefit

  • Centurion Industries, Inc. v. Naville-Saeger et al.

    Publication Date: 2019-11-07
    Practice Area: Employment Litigation | Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robert Marcovitch, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Grant Smith, (Dennis, Corry & Porter and Smith, L.L.P.), Atlanta, Rishi Pattni, (The Fry Law Firm), Atlanta, for appellant.
    for defendant: Amy Holbrook, W. Langdale, (Langdale & Vallotton LLP), Valdostsa, Stephen Lowry, (Harris Lowry Manton LLP), Savannah, Jeannete Lewis, (Lewis Legal Group, P.A.), Plantation, for appellee. Dennis Cathey, Rebecca Payne, (Cathey & Strain, LLC), Cornelia, Saleem Dennis, (Sam D. Dennis, P.C.), Valdosta, Jon Wolfe, (Chambliss, Higdon, Richardson, Katz & Griggs), Macon, for other party.
    Case Number: A19A1176

    Employee Engaging in Personal Errand While Driving to Work Location During Period of Unpaid Personal Leave Was Not Acting Within Course and Scope of Employment

  • Lowndes County Health Services, LLC v. Copeland et al.

    Publication Date: 2019-11-06
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jeffrey Braintwain, Brian Mathis, Randolph Powell, Trevor Newberry, (Huff Powell Bailey, LLC), Atlanta, Robert Anspach, (Anspach Meeks Ellenberger LLP), Toledo, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, (Connor & Connor, LLC), Aiken, John Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret Moore, (Broughton Law), Atlanta, for appellee.
    Case Number: A19A1552

    Nursing Facility Engaged in Business-Related Ordinary Negligence by Leaving Night Shift Staff Without Anyone Properly Trained to Evaluate Residents

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Collins v. The State

    Publication Date: 2019-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Anthony Collins, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Kevin Hutto, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A19A1282

    Court affirms child molestation and incitement convictions over defendant's multiple arguments for reversal

  • Church Street, LLC et al. v. SM Corrigan, LLC et al.

    Publication Date: 2019-10-16
    Practice Area: Real Estate
    Industry: Investments and Investment Advisory | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Thomas Grant, (Freed Grant LLC), Atlantafor appellant.
    for defendant: Gary Stiner, (Attorney at Law), Peachtree City, for appellee. John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for other party.
    Case Number: A19A0930

    Dissatisfied Real Estate Investor Presented No Evidence That Defendants Made Promises With Present Intention Not to Perform

  • Moton v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Amber Bennett, (Newton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A19A1422

    Court affirms admissibility of other acts evidence and affirms drug possession convictions

  • Wilson v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Saraliene Durrett, (Saraliene Smith Durrett, LLC), Atlanta, for appellant.
    for defendant: Paul Howard, Burke Doherty, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A19A1477

    Court affirms aggravated assault and other convictions over defendant's enumerations of trial court error and claims of ineffective assistance of counsel

  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2019-09-23
    Practice Area: Civil Procedure | Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for appellant.
    for defendant: James Merritt, Matthew Moffett, (Gray, Rust, St. Amand, Moffett, & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for appellee.
    Case Number: A19A1104

    Court affirms dismissal of direct liability negligence claim against employer that admitted vicarious liability