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  • Lundy et al. v. Hancock County et al.

    Publication Date: 2023-08-02
    Practice Area: Government | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Martin Fierman, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A23A0301

    Jail Officers' Ministerial Duty to Check on Suicidal Arrestee Commenced as Soon as Arrestee Was Placed in Cell

  • Smaha et al. v. The Medical Center of Central Georgia, Inc.

    Publication Date: 2023-07-31
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Clay, (Pratt Clay, LLC), Atlanta, Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, James Myers, (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Jo Jagor, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, Roy Meeks, Atlanta, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A23A0267

    Court affirms dismissal of plaintiff's expert in a medical malpractice case because he had no relevant experience to qualify as an expert on the nursing standard of care

  • Riley et al. v. Barreras

    Publication Date: 2023-07-28
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kristi Bankston, (Worsham Corsi Scott and Dobur), Marietta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.
    Case Number: A23A0553

    Plaintiff Offered No Evidence to Support Theories of Negligent Entrustment or Vicarious Liability

  • Shockley v. The State

    Publication Date: 2023-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: Lee Darragh, Kelley Robertson, (district attorney, NEJC of GA), Gainesville, for appellee.
    Case Number: A23A0071

    Court affirms drug trafficking and obstruction convictions over defendant's challenge to sufficiency of evidence, and claims in error and ineffective assistance

  • 110 Hampton Point, LLC v. Ross

    Publication Date: 2023-07-27
    Practice Area: Contractual Disputes | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Jason Tate, (Roberts Tate, LLC), Saint Simons Island, for appellee.
    Case Number: A23A0471

    Home Seller Failed to Establish That Buyer Would Not Be Able to Support Claim of Fraudulent Failure to Disclose Defects

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    Lancaster County & Berks County Court Rules 2023

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  • Scott v. The State

    Publication Date: 2023-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker, (Georgia Public Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Tina Stanford, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.
    Case Number: A23A0321

    Trial Court Properly Determined That Motion to Suppress Evidence Was Not Timely Filed

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2023-07-19
    Practice Area: Contractual Disputes
    Industry: Recruitment and Staffing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (FordHarrison, LLP), Atlanta, Abigail Larimer, (Morris Manning & Martin LLP), Atlanta, Benjamin Fryer, Charlotte, for appellee.
    Case Number: A23A0162

    Court affirms that a restrictive covenant which prohibits solicitation of employees but lacks explicit geographic limitations is not enforceable under Georgia law

  • Friendship Enterprises, Inc. v. Hasty

    Publication Date: 2023-07-06
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jason Hergenroether, (McAngus Goudelock & Courie), Atlanta, Michael DeLeva, (SK Law Group), Atlanta, for appellant.
    for defendant: Mark Sullivan, (Mark A. Sullivan Law Firm, LLC), Atlanta, for appellee.
    Case Number: A23A0520

    Court reverses denial of summary judgment on some claims and affirms on others due to issues of material fact in an injury case involving burns from liquid nitrogen burns

  • Goode v. The State

    Publication Date: 2023-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Greg Willis, (Willis Law Firm), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney's Office), Dahlonega, for other party.
    Case Number: A23A0200

    Court reverses denial of a motion to suppress DUI evidence because State failed to prove essential facts top justify a prolonged detention of defendant

  • Favorito et al. v. Wan et al.

    Publication Date: 2023-06-07
    Practice Area: Election and Political Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Todd Harding, (Attorney at Law), Griffin, Paul Kunst, (Paul C. Kunst PC), Barnesville, for appellant.
    for defendant: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellee; Robert Cheeley, (Cheeley Law Group LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Charles Joyner, (C. David Joyner, P.C.), Buford, Dominique Martinez, David Lowman, Cheryl Ringer, Steven Rosenberg, Kaye Burwell Francesca Black, (Office of the Fulton County Attorney), Atlanta, Charlene McGowan, (Office of the Attorney General), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, William Charles Bundren, (Bundren Law Group, PLLC), Frisco, for other party.
    Case Number: A22A0939

    Remand to Trial Court Necessary to Determine Plaintiffs' Standing to Sue County on Claims of Unlawful Dilution of Election Votes