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  • T & R South Sanitation et al. v. Lowe

    Publication Date: 2022-09-29
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: T & R South Sanitation et al, Jonesboro, Kimberly Ellison, Wayne Kendall, (Wayne B. Kendall P.C.), Fayetteville, for appellant.
    for defendant: William Joyner, (Haug Law Group LLC), Atlanta, for appellee.
    Case Number: A22A0796

    Court remands personal injury action to the trial court for consideration of whether plaintiff's claims are precluded by remedies under the Workers' Compensation Act

  • Harris v. The State

    Publication Date: 2022-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Dewaymon Harris, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: William Doupe, Terry Lloyd, (Toombs Judicial Circuit District Attorney), Thomson, for appellee.
    Case Number: A22A0736

    Court affirms denial of motion to vacate or correct a void sentence because that sentence was within statutory guidelines, regardless of improper recidivist enhancement

  • Durham v. The State

    Publication Date: 2022-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Christopher Arnt, Bruce Roberts, (District Attorney), LaFayette, for appellee.
    Case Number: A22A0867

    Court reverses convictions for methamphetamine possession and possession of a weapon because only uncorroborated accomplice testimony was entered against defendant

  • Gardei v. Conway et al.

    Publication Date: 2022-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mimi Duong, (The Law Offices of Mark Allen Yurachek & Associate), Atlanta, for appellant.
    for defendant: Tuwanda Williams, Murray Weed, (Gwinnett County Department of Law), Lawrenceville, Andrew Pinson, (Office of the Attorney General), Atlanta, Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Tina Piper, (Attorney General), Atlanta, Rebecca Dobras, (Attorney at Law), Decatur, for appellee.
    Case Number: A20A0818

    Cause of action for declaratory and injunctive relief against enforcement of the Georgia Sex Offender Act is not time-barred when action has not yet accrued

  • Darden v. Progressive Mountain Insurance Company et al.

    Publication Date: 2022-07-27
    Practice Area: Insurance Litigation
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Calabro, (Attorney at Law), Chamblee, for appellant.
    for defendant: Elliot Durham, (Blake Durham Law, LLC), Evans, William Turnipseed, (Savell & Williams), Atlanta, for appellee.
    Case Number: A22A0369

    Court affirms summary judgment to one insurer but reverses as to another in a contractual insurance coverage dispute over whether certain policy exclusions applied

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • The Georgia Power Company v. Brandreth Farms, LLC

    Publication Date: 2022-07-22
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Agriculture | Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: T. Archer, Malissa Kaufold-Wiggins, Meghan Pieler, (Balch & Bingham LLP), Atlanta, Samuel Lucas, J. Davis, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, for appellant.
    for defendant: John Connolly, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A22A0165

    Res Judicata Barred Farm Owner's Claims Against Georgia Power Co. for Fire Allegedly Caused by Defective Electrical Equipment

  • Arbor Management Services, LLC v. Hendrix et al.

    Publication Date: 2022-07-19
    Practice Area: Personal Injury | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Graham, Erin Coia, (Hall Booth Smith, PC), Atlanta, Teresa Tomlinson, (Hall Booth Smith, PC), Columbus, for appellant.
    for defendant: William Atkins, Roderick Edmond, Keith Lindsay, (Edmond, Lindsay & Hoffler. LLP), Atlanta, for appellee; Bryan Lutz, (Alston & Bird, LLP), Atlanta, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, for AM.
    Case Number: A22A0068

    Court reverses denial of motion to dismiss a complaint for negligence over a COVID-related death because plaintiff's conduct did not rise to a level of gross negligence

  • GS Cleantech Corporation et al. v. Cantor Colburn, LLP

    Publication Date: 2022-07-13
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: J. Hord, Ellen Lighthiser, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: John Brumbaugh, Lawrence Slovensky, Brian White, Billie Pritchard, Carson Bennett, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A0387

    Court reverses denial of motion to dismiss law firm's declaratory judgment petition and refers legal malpractice matter to Connecticut arbitration

  • Hicks et al. v. Universal Health Services, Inc. et al.

    Publication Date: 2022-07-13
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Gebhardt, (Smith, Welch, Webb & White, LLC), Stockbridge, Darren Penn, Alexandra Cole, Kevin Ketner, (Penn Law LLC), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Marcella Ducca, Lori Cohen, Michael King, Gerond Lawrence, Precious Johnson, Brandon Cox, (Greenberg Traurig LLP), Atlanta, Margaret McClatchey, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Michael Hostetter, Molly McCall, Jacob Madsen, (Nall & Miller, LLP), Atlanta, Alison Currie, Mikell Reynolds, Christina Essex, (FisherBroyles, LLP), Atlanta, Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, , for appellee.
    Case Number: A22A0204

    Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction

  • Williams v. The State

    Publication Date: 2022-07-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kaylie Brewton, (Georgia Public Defender Council), Waycross, for appellant.
    for defendant: Rocky Bridges, (Assistant District Attorney), Woodbine, George Barnhill, (District Attorney District Attorney's Office), Waycross, for appellee.
    Case Number: A22A0457

    Attorney Was Constitutionally Ineffective For Failing to Move to Suppress Evidence From Vehicle Search