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  • Smith v. Northside Hospital, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Government | Public Records
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Peter Crane Canfield, Brian Charles Lea (Jones Day), Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Bryan Eugene Bates, James Randolph Evans, Nathan L. Garroway (Dentons US LLP), Atlanta; Stephen Derek Bauer, Ian Kyle Byrnside, James C. Rawls (Baker Hostetler LLP), Atlanta, for appellee. David E. Hudson, James Brian Ellington (Hull Barrett, PC), Augusta; Steven Elliot Scheer (Scheer Montgomery & Call), Savannah; Sarah Renee Craig (Akerman LLP), Tampa, for amicus appellant. Lee Barrett Carter, Norman S. Fletcher (Brinson Askew Berry Seigler Richardson & Davis, LLP), Rome; Jonathan C. Peters (Peters & Monyak, LLP), Atlanta; Steven P. Gilliam, Roger Brent Hatcher, Jr. (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Kelly Jean Long Pridgen (Association County Commissioners of Georgia), Atlanta; G. Joseph Scheuer (Assistant General Counsel), Atlanta, for amicus appellee. Annette M. Cowart, Sarah Hawkins Warren, Russell David Willard, Christopher M. Carr (Department of Law), Atlanta, for neutral amicus. Charles T. Huddleston, S. Wade Malone, Jessica Rutledge Watson (Nelson Mullins Riley & Scarborough LLP), Atlanta; Jeremy Patrick Burnette, Sidney Summers Welch (Polsinelli, P.C.), Atlanta; Edward Charles Konieczny (Edward C. Konieczny LLC), Atlanta, for other party.
    Case Number: S16G1463

    The trial court and Court of Appeals applied the wrong legal standard in dismissing attorney's action to compel hospital to provide him with access to certain documents in response to his request under the Georgia Open Records Act.

  • Emanuel, et al. v. Kautz

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
    for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee. Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.
    Case Number: A17A1284

    The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.

  • Atwater et al. v. Tucker

    Publication Date: 2017-11-20
    Practice Area: Constitutional Law | Government
    Industry: Education | State and Local Government
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Janet Scott, A. Welch (Smith, Welch, Webb & White, LLC), McDonough; Larry Mims, Ross Pittman (Attorney at Law), Tifton; Megan Pearson (Attorney at Law), McDonough, for appellant.
    for defendant: Craig Webster (Attorney at Law), Tifton, for appellee.
    Case Number: A17A0722

    County school officials were entitled to official immunity in teacher's suit under 42 USC § 1983 alleging that they violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website and the trial court thus erred in denying their motion for judgment on the pleadings.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Ivey v. McCorkle et al.

    Publication Date: 2017-10-31
    Practice Area: Attorney Compensation | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Randolph Frails (Attorney at Law), Augusta, for appellant.
    for defendant: Glee Smith (Attorney at Law), Warrenton, for appellee.
    Case Number: A17A0796

    The trial court erred in ruling that certain City ordinances did not conflict with the City's Charter in mayor's suit seeking declaratory and injunctive relief against City councilmembers.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • McConnell et al. v. Georgia Department of Labor

    Publication Date: 2017-10-09
    Practice Area: Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Melton
    Attorneys: For plaintiff: Scott A. Schweber, Jefferson Madden Allen (Cohen, Cooper, Estep, & Allen, LLC), Atlanta, for appellant.
    for defendant: Kathleen M. Pacious, Loretta L. Pinkston-Pope, Angela Ellen Cusimano, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S16G1786

    The Court of Appeals erred in failing to address sovereign immunity in its decision affirming the dismissal of a class action suit against the Georgia Department of Labor arising from the Department's disclosure of the proposed class members' personal information in an email sent to approximately 1,000 Georgians.

  • O'Connor v. Fulton County et al.

    Publication Date: 2017-10-03
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: J. Matthew Maguire Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Jerolyn Webb Ferrari, Kristen Boyd Williams, Paula Rafferty Miller, Kaye Woodard Burwell (Office of the Fulton County Attorney), Atlanta; Dominique A. Martinez (Office of the County Attorney), Atlanta, for appellee.
    Case Number: S17A0880

    The trial court properly granted summary judgment to Fulton County in plaintiff's suit for breach of contract, mandamus relief and attorney fees after his employment as the Finance Director for Fulton County was terminated because Fulton County Personnel Regulation 300-4 subsection (7) does not form the basis of an employment contract.