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  • Ikomoni v. Bank of Am. NA

    Publication Date: 2015-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Mack Mack Harris PC, Forest Park, for appellant.
    for defendant: Jarrod Mendel McGuireWoods LLP, Atlanta, for appellee.
    Case Number: A14A1842

    The allegations of the pro se complaint did not disclose with certainty that the plaintiff would not be entitled to relief on his claims of wrongful foreclosure, mental anguish and punitive damages

  • Carver v. State

    Publication Date: 2015-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark Brimberry and William Carswell Brimberry, Kaplan Brimberry PC, Albany, for appellant.
    for defendant: Joseph Mulholland, District Attorney, and Moruf Oseni District Attorney's Office, Bainbridge, for appellee.
    Case Number: A14A1721

    The trial court did not abuse its discretion in sustaining an objection during voir dire that would have produced an answer which related directly to the determination of whether the child molestati

  • Brende v. Brende

    Publication Date: 2015-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Garnett Harrison and Jacqueline Fortier Garnett Harrison PC, Kingsland, for appellant.
    for defendant: Lee Ashmore, Brunswick, for appellee.
    Case Number: A14A2262

    The trial court erred in ruling that it lacked jurisdiction under the UCCJEA to decide the custody of the parties' unborn child, as its anticipatory determination of the child's home state was adv

  • Staley v. State

    Publication Date: 2015-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jeana D. Johnson, Swainsboro, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua B. Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A14A1582

    The trial court's unobjected-to charge to the jury on aggravated assault, which incorrectly suggested that a person assaulting with a deadly weapon must also have the intent to murder, rape or rob,

  • In Re: Davis

    Publication Date: 2015-01-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Cary Ichter and Reid Shannon Ichter Thomas LLC, Atlanta, for appellant.
    for defendant: . Marissa Goldberg and Drew Findling The Findling Law Firm PC, Atlanta, for appellee.
    Case Number: A14A1365

    A divided whole Court of Appeals reversed the dismissal of a petition seeking the appointment of a guardian and/or conservator for an Atlanta-based rapper, as the required mental health evaluation w

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Cawley v. State

    Publication Date: 2015-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Robert Crowe, Brunswick, for appellant.
    for defendant: Maria Lugue, Solicitor General, Brunswick, for appellee.
    Case Number: A14A0996

    The trial court erroneously attributed a majority of the pretrial delay to the DUI-defendant instead of weighing that factor lightly against the

  • Freeman v. LTC Healthcare of Statesboro Inc.

    Publication Date: 2014-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Vera Edenfield Edenfield, Cox, Bruce & Classens, Statesboro, for appellant.
    for defendant: . Brantley Rowlen and Thomas Lavender Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellees.
    Case Number: A14A1404

    The trial court did not err in declining to consider a nurse's expert opinion testimony as to the causation of the decedent's death shortly after arriving at the defendant's nursing center, since th

  • Murphy v. Murphy

    Publication Date: 2014-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Millard Farmer, Atlanta, and Alfred King, Jonesboro, for appellant.
    for defendant: Stephen Hudson, William Poplin Kilpatrick Stockton LLP, Atlanta, Taylor Drake, and Michael Warner Glover & Davis PA, Newnan, for appellee.
    Case Number: A14A1137

    The trial court erred in holding the appellant's attorneys in contempt for her failure to appear at a contempt hearing, as she was not required to appear in p

  • Thomas v. State Bank & Trust Co.

    Publication Date: 2014-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Angelo Merolla Merolla & Gold LLP, Atlanta, for appellant.
    for defendant: . Bryan Busch, Laura Mirmelli, Vanessa Suh Busch Slipakoff & Schuh LLP, and Tawana Johnson Unbounded Solutions Inc., Atlanta, for appellee.
    Case Number: A14A1403

    The plaintiff bank failed to meet its burden of showing that no genuine issue of material fact existed regarding whether it was the current holder of the promissory notes and guaranty under which it

  • Justice v. SCI Ga. Funeral Servs. Inc.

    Publication Date: 2014-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Patrick, Columbus, for appellant.
    for defendant: . John Hawkins and Stephen Mooney Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A14A0949

    The lack of actual damages was not a bar to the plaintiffs' breach of contract claim against funeral home defendants and a genuine issue of material fact remained as to whether the defendants' failu