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  • Yellow Creek Invs. LLC v. Multibank 2009-1 CRE Venture LLC

    Publication Date: 2014-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Eric Chofnas, Alpharetta, for appellant.
    for defendant: . Jason Wright Morris, Manning & Martin LLP, Atlanta, for appellee.
    Case Number: A14A1093

    The trial court was permitted to order a resale of property after the unsuccessful confirmation of a foreclosure sale pursuant to O.C.G.A. § 44-14-

  • Jurden v. HSBC Mortg. Corp.

    Publication Date: 2014-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Christopher McClurg, Lawrenceville, for appellant.
    for defendant: Amanda Wilson Burr & Forman LLP, Atlanta, for appellee.
    Case Number: A14A1218

    The plaintiff could prove no set of facts that would entitle him to relief in support of his suit against a bank for wrongful foreclosure, fraud and unjust enrichment involving a house the plaintiff

  • N4D LLC v. Passmore

    Publication Date: 2014-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kenneth Sokolov Wagner, Johnston & Rosenthal PC, Atlanta, for appellant.
    for defendant: Brendan McCarthy Andre Blaustein Kill & McCarthy LLP, Atlanta, Michael Farley, Rhys Boyd-Farrell Farley Law Firm, Visalia, Calif., and Philip Dyson, La Mesa, Calif., for appellees.
    Case Number: A14A0915

    The plaintiff could not demonstrate fraud sufficient to toll the 1-year limitation period in the parties' software development agre

  • Baxter v. State

    Publication Date: 2014-12-03
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A14A1128

    The defendant's sentence of life without the possibility of parole following his conviction for rape was il

  • Robinson v. State

    Publication Date: 2014-12-03
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A14A0812

    The defendant failed to prove his ineffective assistance of trial counsel claim, as he failed to show that there was a reasonable probability that the trial's outcome would have been different, but

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Gomez v. Innocent

    Publication Date: 2014-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Edward McCrimmon and Lisa McCrimmon McCrimmon & McCrimmon, Doraville, for appellant.
    for defendant: Villard Bastien and Robert Levinson, Decatur, for appellee.
    Case Number: A14A1182

    The trial court properly granted summary judgment to the defendant veterinarian in the plaintiff's action regarding a dispute over medical bills and boarding costs for hi

  • Swope v. Greenbriar Mall Ltd. P'ship

    Publication Date: 2014-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: David Betts Betts & Associates, Atlanta, for appellant.
    for defendant: William Mitchell and Sean Keenan Cruser & Mitchell LLP, Norcross, for appellees.
    Case Number: A14A0981

    The assumption of the risk doctrine precluded the security guard's premises liability action seeking to recover for injuries sustained when he was shot during an armed ro

  • Young v. Griffin

    Publication Date: 2014-11-17
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Craig Webster, Tifton, for appellant.
    for defendant: James Cook Goodman McDuffey Aust & Lindsey, Atlanta, John Smith Young Thagard Hoffman Smith & Lawrence, Valdosta, and John Croley, Fitzgerald, for appellee.
    Case Number: A14A1409

    Even assuming that the trial court inadequately responded to defense counsel's allegedly improper closing arguments, the arguments themselves did not in reasonable probability change the trial's out

  • Maines v. State

    Publication Date: 2014-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Steven Sparger, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Shalena Jones, Savannah, for appellee.
    Case Number: A14A1108

    After finding that the defendant received ineffective assistance of counsel in rejecting a plea offer from the State, the trial court properly exercised its discretion in failing to order the State

  • Ensley v. State

    Publication Date: 2014-11-13
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Anthony Morgese, Woodstock, for appellant.
    for defendant: Shannon Wallace, District Attorney, and Cliff Head, Assistant District Attorney, Canton, for appellee.
    Case Number: A14A1159

    The defendant lacked standing to challenge the acquisition of information from his internet service provider that linked an IP address to him, since a person has no reasonable expectation of privacy