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  • Ferguson et al. v. Bowers et al.

    Publication Date: 2024-04-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A23A1715

    Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

  • Premier Petroleum, Inc. v. Heer, Inc. et al.

    Publication Date: 2024-04-26
    Practice Area: Contracts
    Industry: Distribution and Wholesale | Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Justyn Alioto, (Mills & Hoopes, LLC), Atlanta, John McGoldrick, (Mills & Hoopes, LLC), Macon, Timothy Walls, (Mills & Hoopes, LLC), Lawrenceville, for appellant.
    for defendant: Michael Cooper, Kenneth Barton, Kareem Kashlan, (Cooper, Barton & Cooper, LLP), Macon, for appellee.
    Case Number: A23A1432

    Court affirms ruling that a gasoline supply contract was void and unenforceable due to procedural and substantive unconscionability of its terms, which unduly favored the supplier

  • McCommons, et al. v. White, et al.

    Publication Date: 2024-04-22
    Practice Area: Wrongful Death
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: James Joedecke, Render Freeman, Tyler Dillard, Hayley Rymer, (Andersen Tate & Carr PC), Duluth, for appellee.
    Case Number: A23A1541

    Court affirms $22 Million Award in wrongful death lawsuit against dirt bike trail operator, finding evidence of gross negligence that precluded operator's reliance on a waiver signed by decedent

  • Sawnee Electric Membership Corporation v. Georgia Public Service Commission

    Publication Date: 2024-04-19
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Margaret Eckrote, Griffin Ingraham, (Senior Assistant Attorney General), Atlanta, Lee Peifer, James Orr, Benjamin Reed, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jeffrey Stump, (Georgia Department of Law), Atlanta, for appellee; Thomas Reilly, Thomas Bailey, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Robert Highsmith, Allen Hendrick, Talis Trevino, (Holland & Knight, LLP), Atlanta, for other party; Richard Tisinger, (Tisinger, Vance P.C.), Carrollton, for AM.
    Case Number: A23A1381

    Court affirms Public Service Commission's decision allowing Georgia Power to service Electric Vehicle charging station and rejects challenge based on interpretation of the Electric Service Act

  • McDaniel v. McDaniel et al.

    Publication Date: 2024-04-18
    Practice Area: Family Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Colvin, (Attorney at Law), Alpharetta, for appellant.
    for defendant: Donald Evans, Fisher Law, (Evans Law Firm), Cartersville, for appellee.
    Case Number: A23A1310

    Court reinstates ex-wife's malicious prosecution claims against ex-husband and his family members, citing trial court's misapplication of interspousal tort immunity

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    Chester County Court Rules 2024

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  • Ameriprise Holdings, Inc. v. Kathy McCampbell, as Surviving Child of Etta McCampbell, et al.

    Publication Date: 2024-04-16
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Byrne, Stacey Mohr, Samantha Darnell, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
    for defendant: Andrew Evans, (Attorney at Law), Atlanta, for appellee; Kevin Quirk, (Quirk & Quirk, LLC), Atlanta, for Other Party.
    Case Number: A23A1736

    Court reverses denial of a motion to set aside a default judgment in a garnishment case due to use of an incorrect garnishment form

  • Yntema v. Smith

    Publication Date: 2024-04-15
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathryn Franklin, (Franklin Family Law), Lawrenceville, for appellant.
    for defendant: Lynne Bradley, (Dawn H. Taylor, Attorney at Law), Suwanee, for appellee; Ulice Sauls, (Attorney at Law), Peachtree Corners, Nicholas Martin, (Martin DeMelfi, LLC), Atlanta, for other party.
    Case Number: A23A1562

    In a complex dispute over a petition for child custody modification, court modifies speech restrictions and vacates order sealing certain case records

  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Glass et al. v. Faircloth et al.

    Publication Date: 2024-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.
    Case Number: A23A1402

    Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

  • Harco National Insurance Company v. Eric Knowles, Inc. et al.

    Publication Date: 2024-04-10
    Practice Area: Insurance Law
    Industry: Insurance | Mining and Resources
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kenan Loomis, (Cozen O’Connor), Atlanta, for appellant.
    for defendant: Hillary Shawkat, (Lueder, Larkin & Hunter), Alpharetta, for appellee; Richard Staggard, (Farah and Farah, P.A.), Jacksonville, for other party.
    Case Number: A23A1263

    Court reverses denial of summary judgment as to an insurer's claim that a worker's injuries were not covered by a commercial liability policy due to policy exclusions for workplace injuries