• Doe v. Roe

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Podesta, (FGP Law, LLC), Roswell, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Douglas Davis, (Davis Lawyers LLC), Atlanta, for appellee.

    Case Number: A21A1095

    Issues of Fact Exist as to Whether Alleged Statements About Defendant Giving Plaintiff Genital Herpes Were Defamatory or False

  • Allstate Property and Casualty Insurance Company v. Nay

    Publication Date: 2021-11-19
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Brennan, Allison McDonald, (Fain, Major & Brennan, P.C.), Athens, for appellant.
    for defendant: Kenneth Pollock, (Attorney at Law), Atlanta, for appellee; Philip Pendergrass, (The Pendergrass Law Firm, P.C.), Peachtree Corners, for other party.

    Case Number: A21A0932

    Injured Motorist Could Not Evade Traditional UM Coverage Limits by Characterizing Settlement Amount as Punitive Damages

  • Smith v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Fani Willis, Kevin Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A21A0879

    Court affirms convictions, for rape, child molestation, and related charges over defendant's challenges to evidence and contentions of error and ineffective assistance

  • De Paz v. De Pineda

    Publication Date: 2021-10-27
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jason Schneider, Molly Long, (Schneider Hammers LLC), Atlanta, Kathleen Edwards-Opperman, (Montlick & Associates, PC), Atlanta, for appellant.
    for defendant: Jonathan Adelman, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Kyle Joyce, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for appellee; David Atkinson, (Swift Currie McGhee & Hiers, LLP), Atlanta, Myrece Johnson, (Attorney at Law), Atlanta, for AM.

    Case Number: A21A1134

    Trial Court Erred in Concluding That the Parties Reached a Settlement Agreement, as Defendant Failed to Satisfy Term of Acceptance

  • ALR Oglethorpe, LLC et al. v. Fidelity National Title Insurance Company

    Publication Date: 2021-10-22
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Dana Diment, (Diment Carroll LLP), Carrollton, Robert Lovett, (FisherBroyles, LLP), Savannah, Samantha Gunnison, (Diment Porterfield LLP), Carrollton, for appellee.

    Case Number: A21A0989

    Court affirms summary judgment for title company and against a developer in a matter involving a title abstract that omitted to identify the beneficiary of an easement

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Tariq-Madyun v. The State

    Publication Date: 2021-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Penny Penn, Heather Dunn, (Assistant District Attorney), Cumming, for appellee.

    Case Number: A21A1037

    Court affirms armed robbery conviction over defendant's contentions of error in being allowed to represent himself and evidentiary and other challenges

  • Garibay v. The State

    Publication Date: 2021-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.

    Case Number: A21A1804

    Record on Appeal Did Not Support Defendant's Claim He Was Wrongfully Sentenced Under Two Different Statute Subsections

  • Jackson v. The State

    Publication Date: 2021-10-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raffauf Joseph, (Attorney at Law), Roswell, for appellant.
    for defendant: Ruth Pawlak, Fani Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: A21A1443

    Trial Court Erred by Rejecting Negotiated Plea Agreement Without Informing Defendant in Advance of Its Intention Litigation: Yes

  • Branch v. The State

    Publication Date: 2021-09-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Fani Willis, Paul Howard, (Fulton County District Attorney's Office), Atlanta, Aslean Eaglin, (Superior Court of Fulton County), Atlanta, for appellee.

    Case Number: A21A0667

    Court affirms aggravated stalking conviction over defendant's evidentiary challenges and claims of error and ineffective assistance of counsel.

  • Jacobs v. The State

    Publication Date: 2021-09-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Head, (Waycross Judicial Circuit Public Defender's Office), Waycross, for appellant.
    for defendant: George Barnhill, (District Attorney's Office), Waycross, Ian Sansot, (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.

    Case Number: A21A1179

    Banishment Condition Not Violated Absent Showing Probationer Willfully Remained in County After Being Brought There by Police