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  • Fossier v. The State

    Publication Date: 2022-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Harold Buckler, Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A1735

    Child Victim's Failure to Identify Defendant in Open Court Did not Preclude Jury's Conclusion Defendant Was Perpetrator

  • The Mark A. Schneider Revocable Trust v. Hardy

    Publication Date: 2021-12-30
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mark Schneider, Lindsay Kennedy, (Mark A. Schneider P.A.), Fort Lauderdale, for appellant.
    for defendant: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellee.
    Case Number: A21A1461

    Court Erred in Granting Motion to Dismiss Complaint as Barred by the Statute of Limitation in Reliance on Matters Outside Complaint and Answer

  • Perry et al. v. Paul Hastings, LLP et al.

    Publication Date: 2021-12-29
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
    for defendant: Jeremy Littlefield, Richard Robbins, Carey Miller, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A21A1726

    Court Lacks Jurisdiction to Consider Appeals; Notice of Appeal Must Be Filed Within 30 Days After Entry of Appealable Decision or Judgment Complained Of

  • Westmoreland v. Walgreen Co

    Publication Date: 2021-12-28
    Practice Area: Evidence | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Theodore Lackland, (Lackland & Associates LLC), Marietta, for appellant.
    for defendant: Harold Hilton, (Hawkins Parnell Thackston & Young LLP), Atlanta, Terrance Sullivan, (Insley & Race, LLC), Atlanta, Pearson Cunningham, Asya Morgan, (Hall Booth Smith), Atlanta, for appellee.
    Case Number: A21A1753

    Court affirms summary judgment in favor of a retail store on plaintiff's claim for premises liability after she was injured by glass from bottles that dropped onto a floor

  • Kempton v. Southern Flavor Real Estate, LP

    Publication Date: 2021-12-28
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Waymon Harrell, (Attorney at Law), Perry, for appellant.
    for defendant: Christopher Conley, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A21A1551

    Court affirmed summary judgment in favor of a greenhouse operator and against neighbor's claims of nuisance due to excess light that is emitted from the greenhouse

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    New Jersey Employment Law 2024

    Authors: Rosemary Alito

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  • Neely v. The State

    Publication Date: 2021-12-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Barbara Mattes, (Barbara Mattes Attorney at Law), Athens, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1216

    Court reverses trial court's denial of motion to suppress evidence seized during a traffic stop because the stop was unreasonably prolonged with no suspicion of a crime

  • Amason v. Highland Park Homeowners' Association, Inc.

    Publication Date: 2021-12-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, David Rhodus, (Rhodus Law Firm), Peachtree Corners, for appellant.
    for defendant: John Lueder, Zachary Trippe, (Lueder, Larkin & Hunter LLC), Alpharetta, for appellee.
    Case Number: A21A1339

    Court affirms summary judgment in favor of a homeowners' association and rejects property owner's claims of res judicata over claims of covenant violations

  • Jones v. The State

    Publication Date: 2021-12-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Walker, Bentley Adams, (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Noah Abrams, (Chatham County District Attorney's Office), Savannah, Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A21A1372

    Court affirms convictions for hijacking a motor vehicle and other crimes over defendant's contentions of ineffective assistance of counsel

  • In Re The Estate of Jeffcoat

    Publication Date: 2021-12-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eleisha Pate, Riverdale, for appellant.
    for defendant: Shauna Jeffcoat, Riverdale, for appellee.
    Case Number: A21A1569

    Court affirms probate court order appointing a county administrator as estate executor rather than the individual executor named in the decedent's will

  • Renasant Corporation et al. v. Korst

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bruyere, Arash Sabzevari, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Walter Bibbins, (Hall Booth Smith PC), Atlanta, Walter Booth, (Jones & Booth LLC), Alpharetta, for appellee.
    Case Number: A21A0791

    Court affirms denial of mortgage lender's motion to dismiss Fair Housing Act complaint filed by a borrower who alleged discrimination due to his disabilities.