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  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

  • Agnes Scott College, Inc. v. Hartley

    Publication Date: 2018-06-26
    Practice Area: Personal Injury
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner (Attorney at Law), Atlanta; Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Lloyd Bell, Michael Watson (Bell Law Firm), Atlanta, for appellee.
    Case Number: A18A0084

    Private College Could Be Found Vicariously Liable For Law-Enforcement Acts of Campus Police Officer Who Was Full-Time Employee

  • Durrance v. Schad

    Publication Date: 2018-06-19
    Practice Area: Attorney Compensation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Milton Gardner (Attorney at Law), Milledgeville, for appellee.
    Case Number: A18A0577

    Lack of Evidence Supporting Stalking Claim Warranted Award of Costs and Fees to Defendant

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.
    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Starwood Hotels & Resorts et al. v. Lopez

    Publication Date: 2018-06-13
    Practice Area: Administrative Law | Labor Law | Personal Injury
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellant.
    for defendant: William Smith (W. Calvin Smith, II, P.C.), Atlanta, for appellee.
    Case Number: A18A0552

    ALJ Erred in Determining That Injured Workers' Compensation Claimant Could Choose Her Own Treating Physician

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    State Antitrust Law

    Authors: William T. Lifland

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  • Department Of Transportation v. Jones

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Melissa Tracy (Georgia Department of Law), Atlanta; Kristine Hayter (Office of the Attorney General), Atlanta, for appellant.
    for defendant: William Lanham, Clark McGehee (Johnson & Ward), Atlanta; Malcolm Sullivan (Attorney at Law), Forsyth, for appellee.
    Case Number: A18A0096

    Tort Suit Against State Agency Barred For Failure of Claimant to Comply With Statutory Ante Litem Notice Requirements

  • Findley v. City Of Atlanta et al.

    Publication Date: 2018-06-04
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Findley, Atlanta, for appellant.
    for defendant: Veronica Hoffler, M. Stewart (City of Atlanta Department of Law), Atlanta; Scott Cahalan, Darren Rowles (Smith Gambrell & Russell LLP), Atlanta, for appellee.
    Case Number: A18A0446

    Trial Court Erred In Granting Summary Judgment Motion Without First Moving on Motion to Amend Complaint

  • Francis v. Chavis

    Publication Date: 2018-06-04
    Practice Area: Contractual Disputes | Motor Vehicle Torts | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Terry Jackson (Attorney at Law), Atlanta, for appellant.
    for defendant: Kevin Reardon (Waldon Adelman Castilla Hiestand & Prout), Atlanta; Daniel Prout, Morgan Allyn (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee. Robert Harrison, Sarah Akinosho (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A18A0317

    Genuine Issue of Material Fact As To Whether Accident Victim Agreed to Settlement Offer

  • Bi-Lo, LLC v. Green, et al.

    Publication Date: 2018-05-28
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Scott Kelly (Fulcher Hagler LLP), Augusta, for appellant.
    for defendant: David Dekle (Attorney at Law), Augusta, for appellee.
    Case Number: A18A0743

    No Liability for Slip-And-Fall Where Store Manager Lacked Reasonable Time to Remedy Dangerous Condition

  • Almassud v. Mezquital

    Publication Date: 2018-05-04
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Trevor Hiestand (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet (Brodhead Law LLC), Atlanta, for appellee. J. Pierce (Pierce & Dunkelberger), Atlanta, for other party.
    Case Number: A17A2119

    Trial Court Should Have Instructed Jury on Defendant's Theory That Alleged Negligence Per Se was Unknowing and Unintentional