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  • Tibbetts v. Worth County School District et al.

    Publication Date: 2024-08-21
    Practice Area: Contractual Disputes | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Cox, (Charles E. Cox, Jr., LLC), Macon, for appellant.
    for defendant: Grant McBride, William White, Matthew Collum, (Smith, Welch, Webb, & White), McDonough, for appellee.
    Case Number: A22A1542

    Court vacates its prior opinion and adopts Supreme Court ruling that a former teacher's breach of contract action was barred by sovereign immunity because a valid contract had not been formed

  • The State v. Hanks

    Publication Date: 2024-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Fani Willis, Kevin Armstrong, Jayna Easton, (Fulton County District Attorney Office), Atlanta, Caitlin Adcock, (Cherokee County District Attorney’s Office), Canton, for appellant.
    for defendant: Lauren Shubow, (Attorney at Law), Atlanta, Brittany Saulsberry, (Office of the Public Defender, Macon Judicial Circuit), Macon, for appellee.
    Case Number: A24A0256

    Court vacates evidence suppression order in a drug possession case and remands for further proceedings to determine if search warrant was prompted by an unlawful dog sniff test

  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2024-08-06
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Attorney General), Atlanta, Jeffrey Stump, Chelsea Harvey, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, (Arnall, Golden, Gregory), Atlanta, Michael Gray, (Walker, Hulbert, Gray & Moore, LLP), Perry, for appellee; Kathlynn Polvino, (KBP Law, P.C.), Atlanta, for other party.
    Case Number: A24A0424

    Court affirms denial of certificates of need for a proposed freestanding emergency healthcare department

  • Pollard v. Deloach

    Publication Date: 2024-07-24
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Mulherin, (Owens & Mulherin), Savannah, for appellant.
    for defendant: Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for appellee.
    Case Number: A24A0539

    Court reverses summary judgment that had been in favor of a landlord in a premises liability case, finding that a jury must consider landlord's constructive knowledge of hazard

  • Lawhorne et al. v. Douglas

    Publication Date: 2024-07-23
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, T. Tucker, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Robert Turner, (Savage, Turner, Pinckney & Savage), Savannah, Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: A24A0556

    Court affirms $4.5 million verdict in a medical malpractice case and rejects defendant's challenge to jury instruction on availability of insurance benefits

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Bellagio Pools, LLC v. Marino et al.

    Publication Date: 2024-07-22
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ashley Hughes, (Oliver Hughes LLC), Woodstock, for appellant.
    for defendant: David Kolmel, (John B. Miller & Associates), Marietta, for appellee.
    Case Number: A24A0220

    Court reverses and remands trial court's ruling against breach of contract claims in a pool construction dispute due to unsupported factual findings to support that ruling

  • The State v. Rahaman

    Publication Date: 2024-07-19
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta for appellee.
    Case Number: A24A0311

    Court affirms trial court's jurisdiction to vacate and re-enter an order denying a new trial and affirms conviction for simple battery over defendant's challenge to jury charges and trial procedures

  • Metropolitan Atlanta Rapid Transit Authority v. Harrison

    Publication Date: 2024-07-19
    Practice Area: Civil Appeals
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Roosevelt Hamb, (Attorney at Law), Atlanta, for appellant.
    for defendant: James Howard, (The Howard Law Firm), Tucker, for appellee.
    Case Number: A24A0090

    Court affirms denial of appellant's motion for JNOV or a new trial in a malicious prosecution case because appellant failed to provide a full record of the trial transcript

  • Miller v. Polk et al.

    Publication Date: 2024-07-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Felicia Rowe, (Rowe & Rowe LLC), Tucker, for appellant.
    for defendant: Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, Sheila Kazemian, (Attorney at Law), Atlanta, for appellee.
    Case Number: A24A0404

    Court affirms summary judgment in favor of anesthetist staffing companies in negligent credentialing case, finding that staffing companies have no credentialing duties

  • Department of Transportation v. Star Land Holdings, LLC et al.

    Publication Date: 2024-07-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr, Logan Winkles, (Attorney General), Atlanta, Warren Power, (Power & Jaugstetter, P.C.), McDonough, Jacqueline Kennedy-Dvorak, Ruth Snell, (Power Snell, P.C.), McDonough, Amy Patterson, (Georgia Law Department), Atlanta, for appellant.
    for defendant: Jordan Walker, (Sever Storey Walker), Carmel, for appellee; Melanie Wilson, Tracy Lettsome, (Gwinnett County Department of Law), Lawrenceville, other party.
    Case Number: A24A0183

    Court affirms setting aside of declaration of taking due to DOT's non-compliance with property owner's rights under the the Landowner's Bill of Rights and Private Property Protection Act of 2006