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  • Eagle West LLC v. Georgia Dep't of Transp.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark W. Forsling Schreeder Wheeler & Flint, Atlanta, for appellant. Samuel S. Olens, Attorney General, Mary J. Volkert, Assistant Attorney General, and Joanna M. Campbell Georgia Department of Transportation, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1349

    The DOT properly denied permit applications for outdoor advertising signs adjacent to an interstate in an unincorporated area because the sign locations were within the 500 foot blocked out zone for

  • Harrelson v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph E. East, Kingsland, for appellant. Richard E. Currie, District Attorney, and Michelle C. McIntire McIntire Law Firm, Waycross, for appellee.
    for defendant:
    Case Number: A11A1208

    The trial court did not err in denying the defendant's motion for new trial due to the prosecutor's comments in closing argument relating to the defendant's right to silence after arrest, since defe

  • Meredith v. Thompson

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles M. McDaniel Jr., Tonya F. Stokes Carlock, Copeland & Stair LLP, Kyler L. Wise Beloin, Brown, Blum & Baer LLC, Larry M. Dingle Wilson, Brock & Irby LLC, James B. Manley Jr., Jill C. Kuhn McKenna, Long & Aldridge, Atlanta, and John K. Eldridge Haynes and Boone LLP, Houston, Texas, for appellants. Adam P. Princenthal, Craig C. Knowles, Gary B. Andrews Andrews, Knowles & Princenthal LLC, Ralph I. Knowles Jr., Leslie J. Bryan Doffermyre Shields Canfield Knowles & Devine LLC, Donald D. Stack Stack & Associates PC and Robert B. Jackson IV, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1053

    The defendants were not required to affirmatively disprove that they engaged in the particular acts about which the plaintiffs complained in order to prevail on a motion for summary jud

  • Ward v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Kevin Kwashnak Public Defender's Office, Americus, for appellant. Plez H. Hardin, District Attorney, and Lewis R. Lamb District Attorney's Office, Americus, for appellee.
    for defendant:
    Case Number: A11A0782

    The trial court harmfully erred in giving a jury charge regarding the inference arising from the defendant's recent possession of a stolen truck, which had the effect of impermissibly shifting the b

  • Ahmad v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Travis A. Williams Public Defender's Office, Gainesville, for appellant. Lee Darragh, District Attorney, and Lindsay H. Burton, Chief Assistant District Attorney, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1174

    It was reasonable for the police to impound the defendant's vehicle and inventory its contents to protect the defendant's pro and to protect against claims of lost or stolen pro

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Moses v. Pennebaker

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellants. Jay D. Bennett, Nowell D. Berreth, and Daniel C. Norris Alston & Bird LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0839

    Evidence that one member took control of LLC, managed it unilaterally and without authority, and set up a competing company, supported trial court's award of damages to LLC's other member on his cl

  • Comprehensive Pain Management v. Blakely

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dean T. Cleaveland Hall Booth Smith & Slover PC, Atlanta, for appellants. Nicole Jones Jones, Federal & Appellate LLC, Douglasville, for appellee.
    for defendant:
    Case Number: A11A1213

    The trial court erred in denying the defendants' motion to dismiss the plaintiff's medical malpractice suit with prejudice, since the plaintiff failed to file the requisite expert affidavit contempo

  • Hawkins v. DeKalb Med. Ctr. Inc.

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William Q. Bird, William B. Drummond Bird Law Group PC, James D. Summerville The Summerville Firm LLC, John W. Crongeyer Crongeyer Law Firm PC, M. Gino Brogdon Pope McGlamry Kilpatrick Morrison, and Lee T. Wallace The Wallace Law Firm, Atlanta, for Hawkins. Timothy H. Bendin, Kristin L. Hiscutt Bendin, Sumrall & Ladner LLC, Erica S. Jansen and Daniel J. Huff Huff, Powell & Bailey LLC, Atlanta, for DeKalb Medical Center, Inc. Other party representation: Rolfe M. Martin, Mark D. Meliski, Philippa V. Ellis Owen Gleaton Egan Jones & Sweeney LLP, Paul E. Weathington, Lindsay A. Forlines The Weathington Firm PC, Simuel F. Doster Jr. Allen Weathington & Reeves PC, Jason E. Bring Arnall Golden Gregory LLP, and Thomas E. Lavender III Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta.
    for defendant:
    Case Number: A11A1006; A11A1007

    The plaintiff failed to adduce expert evidence giving rise to a triable issue on the specialized medical question of whether her daughter was brain dead prior to apnea testing and termination of ven

  • Zachery v. State

    Publication Date: 2011-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant. Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    for defendant:
    Case Number: A11A1272

    Evidence that the defendant and his co-indictee were the only persons who made purchases on the credit cards issued in the pool company's name, and that the pool company owners neither knew nor aut

  • Mitchell v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven A. Miller, Summerville, for Mitchell. Lance D. Dutton Public Defender's Office, Cartersville, for Dawson. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A0901; A11A0902

    One defendant did not show that his counsel was ineffective in also representing the other, as he failed to establish that counsel actively represented conflicting inte