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  • Irvin Int'l Inc. v. Riverwood Int'l Corp.

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Warner R. Wilson Jr. Wilson & Epstein, Atlanta, for appellant.
    for defendant: George L. Murphy Jr. and Corin M. McCarthy Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: A09A0917

    No issues of fact remained in plaintiff's breach of contract or fraud claims seeking to recover commissions on sales of paperboard beverage cartons to bottling comp

  • Allison v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council-Appellate Division, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, and Lindsay H. Burton, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A09A0974

    The search warrant did not violate the particularity requirement, even though the warrant only identified one of the stolen items-an engine

  • Brogdon v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William D. Healan III, Winder, and David E. Clark, Sugar Hill, for appellant.
    for defendant: Rosanna M. Szabo and Karen M. Seeley, Solicitors General, Lawrenceville, for appellee.
    Case Number: A09A1269

    King v. State, 276 GA. 126 2003, which specifically held that the state can seize medical records pursuant to a search warrant, controlled the defendant's challenge to the search warrant in this

  • Jarrett v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert L. Wadkins and Stephanie N. Ward Public Defender's Office, Columbus, for appellant.
    for defendant: John G. Conger, Julia A. Slater, District Attorneys, LaRae D. Moore, Assistant District Attorney, and David B. Ranieri, Columbus, for appellee.
    Case Number: A09A0880

    The trial court's charge on possession of a motor vehicle with vehicle identification number removed was virtually identical to the statutory language and correctly stated th

  • Bickerstaff Imports Inc. v. Sentry Select Ins. Co.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lucian Gillis Jr. Gillis & Creasy, Atlanta, for appellant.
    for defendant: David S. Crawford and Richard B. Eason Jr. Eason, Kennedy & Crawford, Atlanta, for appellee.
    Case Number: A09A1082

    The applicable 2-year statute of limitation in the parties' insurance contract barred the car dealership's action to recover proceeds covering commercial crimes, including employee

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Community Newspaper Holdings Inc. v. King

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David E. Hudson Hull, Towill, Norman, Barrett & Salley, Augusta, for appellant.
    for defendant: . Clifton Boone, Sparta, for appellee.
    Case Number: A09A1329

    Two newspaper articles about the plaintiff were privileged as a matter of law, since they fairly, honestly and accurately reflected statements in an investigative report identifying the plaintiff as

  • Barnes v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Scott J. Forster, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Richard A. Hull, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A09A1180

    The victims' testimony supported the defendant's convictions for aggravated child molest and child molest

  • Savage v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald G. Shedd Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    Case Number: A09A0110

    There was no substantial likelihood that the victim of one armed robbery misidentified the defendant in

  • Sunstate Indus. Inc. d/b/a Sunstates Fabricators v. The VP Group Inc.

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas H. Tozzi The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Kevin A. Adamson, Atlanta, for appellee.
    Case Number: A09A0635

    The evidence did not support the jury's award of consequential damages to the defendant on its counter

  • Safi-Rafiq v. Balasubramaniam

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bruce R. Millar, Jonesboro, for appellant.
    for defendant: Trevor G. Hiestand Drew, Eckl & Farnham LLP, Atlanta, for appellee.
    Case Number: A09A0847

    The 2-year statute of limitation barred the plaintiff's renewal suit, seeking to hold the defendant liable under the family purpose doctrine, since the plaintiff did not raise that theory of recover