Filter This View

  • 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.

  • 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.