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  • In the Matter of Megan Kate Andrews.

    Publication Date: 2021-12-22
    Practice Area: Civil Procedure | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Megan Kate Andrews, Smyrna, for appellant.
    for defendant: John Allen Earles, Rebecca S. Mick, Kevin Charles Wilson, (Georgia Office of Bar Admissions), Atlanta, Russell David Willard, Christopher M. Carr, Bryan Keith Webb, (Department of Law), Atlanta, for appellee.
    Case Number: S21Z1222

    Court Lacks Jurisdiction to Consider Whether Board of Bar Examiners Erred in Denying Application for Admission to State Bar on Motion Without Examination

  • Spann v. Davis et al.

    Publication Date: 2021-12-21
    Practice Area: Civil Procedure | Court Administration
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Kurt Gregory Kastorf, (Kastorf Law), Atlanta, Cary S. Wiggins, (Wiggins Law Group), Atlanta, for appellant.
    for defendant: Kimberly Briana-Maria Myers, Joshua Stanley Foster, Kimberly M. Perkins, (City of Atlanta Department of Law), Atlanta, for appellee; Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Canton, Laura M. Shamp, Joshua Forrest Silk, (Shamp Jordan Woodward), Atlanta, for, Amicus Appellant; Andrew Alan Pinson, Christopher M. Carr, Drew F. Waldbeser, Zachariah Weston Lindsey, (Department of Law), Atlanta, for Neutral Amicus.
    Case Number: S20G1536

    Trial Court Erred in Raising Issue of Quasi-Judicial Immunity Sua Sponte

  • Watts v. Brittian

    Publication Date: 2021-12-17
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Eno Eno, (Eno Eno & Associates, Inc.), Marietta, for appellant.
    for defendant: Jay Eidex, (Attorney at Law), Suwanee, for appellee.
    Case Number: A21A1369

    Court affirms denial of motion for service by publication in a personal injury/auto accident case where plaintiff failed to show that defendant was evading service

  • Shultz v. Walker

    Publication Date: 2021-12-07
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Jane McCoy, (The McCoy Law Office, LLC), Sunnyside, for appellant.
    for defendant: Betty Wheeler, (Connell & Wheeler), Thomaston, for appellee.
    Case Number: A21A1034

    Trial Court Must Consider Whether Denial of Appellant's Legitimation Petition Should Be Set Aside Based on Nonamendable Defect in Record

  • Cowan Systems, LLC v. Collier

    Publication Date: 2021-12-07
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Dixon, Jason Stewart, (Dennis, Corry, Smith, & Dixon LLP), Atlanta, for appellant.
    for defendant: Jonathan Hayes, (Goldstein & Hayes, P.C.), Atlanta, for appellee.
    Case Number: A21A1697

    Trial Court's Awarding of Presumptive Jury Instruction as a Sanction Was Too Harsh; Court Vacates Order and Remands

  • 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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  • Renasant Corporation et al. v. Korst

    Publication Date: 2021-12-06
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bruyere, Arash Sabzevari, (Freeman Mathis & Gary LLP), Atlanta, for appellant.
    for defendant: Walter Bibbins, (Hall Booth Smith PC), Atlanta, Walter Booth, (Jones & Booth LLC), Alpharetta, for appellee.
    Case Number: A21A0791

    Court affirms denial of mortgage lender's motion to dismiss Fair Housing Act complaint filed by a borrower who alleged discrimination due to his disabilities.

  • Palmer v. Georgia Insurers Insolvency Pool

    Publication Date: 2021-12-06
    Practice Area: Administrative Law | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Todd Maziar, Atlanta, for appellant.
    for defendant: Michael Gorby, Whitney Arp, (Gorby Peters & Associates, LLC), Tucker, Amy Burns, (Gorby Peters & Associates, LLC), Tucker, for appellee.
    Case Number: A21A0903

    Court vacates summary judgment ruling over a Workers' Compensation Insolvency Pool matter and remands for dismissal of complaint due to lack of jurisdiction

  • Doe v. Roe

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frank Podesta, (FGP Law, LLC), Roswell, William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Douglas Davis, (Davis Lawyers LLC), Atlanta, for appellee.
    Case Number: A21A1095

    Issues of Fact Exist as to Whether Alleged Statements About Defendant Giving Plaintiff Genital Herpes Were Defamatory or False

  • Mallard v. Metropolitan Atlanta Rapid Transit Authority

    Publication Date: 2021-12-01
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, John Hadden, (The Hadden Law Firm, LLC), Atlanta, for appellant.
    for defendant: Matthew Moffett, Jordan Raymond, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellee.
    Case Number: A21A0777

    Court reverses severance order that separated tort claims against MARTA from claims against other tortfeasors, finding no basis for severance under OCGA §9-11-42(b)

  • McArthur et al. v. Beech Haven Baptist Church of Athens et al.

    Publication Date: 2021-11-22
    Practice Area: Civil Procedure | Personal Injury
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP.), Atlanta, Darren Penn, Alexandra Cole, (Penn Law LLC), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Anthony Cochran, (Smith, Gambrell & Russell, LLP), Atlanta, M. Heath, Matthew Moseley, (Cowsert & Avery, LLP), Athens, Kevin Hudson, Mary Walker, (Hudson Parrott Walker, LLC), Atlanta, Robert Martin, Mark Silver, (Dentons US LLP), Atlanta, Edward Tolley, (Attorney at Law), Athens, Kathryn Whitlock, (Hawkins Parnell Thackston & Young LLP), Atlanta, Stephen Rothring, (The Conner Law Group, P.C.), Savannah, for appellee.
    Case Number: A21A0898

    Court affirms dismissal of sexual abuse claims against churches that hosted Boy Scout meetings because those claims were all time-barred.