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  • General Pump & Well Inc. v. Miller

    Publication Date: 2014-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Callaway and William Neville Callaway, Neville & Brinson, Claxton, for appellant.
    for defendant: Patrick O'Connor and Patricia Paul Oliver Maner LLP, Savannah, for appellee.
    Case Number: A13A2050

    The trial court erred in dismissing the case for lack of personal jurisdiction and improper venue based solely on a prior Court of Appeals decision in the litigation, as such was not contro

  • Lewis v. State

    Publication Date: 2014-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1847

    The defendant knowingly and voluntarily entered his guilty plea and was fully aware that he could be sentenced as a recidivist, thus the trial court properly denied his motion for an out-of-time a

  • McNeal v. State

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Adams Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott Ballard, District Attorney, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A13A1925

    The defendant's ' "presence, companionship, and conduct before and after the offenses are circumstances from which his participation in the criminal intent" ' to traffic cocaine and distribute marij

  • State v. Sawyer

    Publication Date: 2014-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Julia Slater, District Attorney, and William Kelly, Assistant District Attorney, Columbus, for appellant.
    for defendant: Richard Hagler, Columbus, for appellee.
    Case Number: A13A1687

    The defendant's aggravated assault conviction was improperly set aside, since his aggravated assault c was not mutually exclusive with his involuntary manslaughter c

  • Fouch v. Bicknell Supply Co.

    Publication Date: 2014-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Norman Fletcher, Lee Carter Brinson, Askew, Berry, Seigler, Richardson & Davis, Ansel Beacham, Rome, and Robert Leverett, Elberton, for appellant.
    for defendant: Jay Barber, Drew Timmons Lewis, Brisbois, Bisgaard & Smith LLP, Douglas Bennett, Christopher Staten Swift Currie McGhee & Hiers LLP, H. Lane Young, Leslie Brock, Peter York Hawkins Parnell Thackston & Young LLP, Atlanta, Matthew Moseley Blasingame, Burch, Garrard, Bryant, and M. Steven Heath Cowsert & Avery LLP, Athens, for appellees.
    Case Number: A13A2252

    The trial court erred in granting summary judgment to the defendant manufacturers or suppliers of safety equipment for sandblasting in the plaintiff's action for defective design and failure to

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Tuttle v. Georgia Bd. of Regents of the Univ. Sys. of Ga.

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald English, McDonough, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Shelley Seinberg, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A13A2190

    The Board of Regents was entitled to summary judgment in the plaintiff's action alleging that the Board violated the Georgia Whistleblower Act, as the plaintiff filed the action outside the 1-year

  • Sullivan v. State

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas Thomas, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A13A2037

    The trial court properly allowed the admission of similar transaction evidence in the defendant's trial for DUI-less safe to show his pattern of declining to take any testing when pulled over by p

  • Toombs v. Acute Care Consultants Inc.

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Leon Larke and William McCracken, Augusta, for appellant.
    for defendant: Benjamin Brewton Tucker Long PC, Augusta, for appellee.
    Case Number: A13A2316

    The trial court abused its discretion in disqualifying the plaintiff's e

  • ABI Invs. LLC v. FSG Bank, Nat'l Ass'n

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter Anderson and Jaliya Faulkner Sutherland Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: . Stephen Greenberg Taylor English Duma LLP, Atlanta, William Jourdain, and Theodore Lu Minor, Bell & Neal, Dalton, for appellee.
    Case Number: A13A1714

    The plaintiff bank failed to establish a prima facie right to judgment in its suit to recover on a promissory

  • Cumberland Contractors Inc. v. State Bank Trust Co.

    Publication Date: 2014-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A2221; A13A2222

    The trial court erred in denying the defendants' motion to enforce a purported settlement agreement set forth in an email from the plaintiff, even though the defendants declined to sign the subseque