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  • Fassnacht v. Moler

    Publication Date: 2021-03-22
    Practice Area: Damages | Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Frederick Sager, Gary Toman, Jason Vuchinich, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    for defendant: Robert James, (Daniels & James LLC), Atlanta, Daniel Shim, (Morriss, Shim, James), Atlanta, Jordan Davis, (Adamson & Cleveland, LLC), Norcross, for appellee.
    Case Number: A20A1583

    Court affirms $30,000 compensatory damages and $375,000 punitive damages award in father's assault and battery lawsuit against his son

  • Ultra Group of Companies, Inc. v. S & A 1488 Management, Inc. et al.

    Publication Date: 2020-12-04
    Practice Area: Contracts | Damages
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Kathleen Jennings, Paul Oliver, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, for appellant.
    for defendant: Mark Spix, (Attorney at Law), Atlanta, for appellee. Julie Silverstein Barker, (Georgia Lottery Corporation), Atlanta, for other party.
    Case Number: A20A0962

    Court affirms rejection of an unenforceable liquidated damages provision, and of a finding that appellant failed to prove its lost profits due to a breach of contract

  • Owens v. Novae, LLC

    Publication Date: 2020-11-23
    Practice Area: Contractual Disputes | Damages | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Stanley Lefco, (Law Offices Stanley M. Lefco, P.C.), Atlanta, for appellant.
    for defendant: Torin Togut, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A20A1268

    Company Failed to Show That Claimed Loss in Profits Was Result of Officer's Alleged Breach of Operating Agreement

  • Norman et al. v. Xytex Corp. et al.

    Publication Date: 2020-10-19
    Practice Area: Damages
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James Francis McDonough, (Heninger Garrison & Davis, LLC), Atlanta, Nancy Hersh, Kate Hersh-Boyle, (Hersh & Hersh), San Francisco, David Blake Newdorf, (Newdorf Legal), Oakland, William L. Garrison, Jr., (Heninger Garrison Davis), Birmingham, for appellant.
    for defendant: Thomas Edward Lavender, Alison Lawrence Currie, Andrew John King, (Fisherbroyles, LLP), Atlanta, for appellee. Timothy D Lytton, (Georgia State University College of Law), Atlanta, for Amicus Appellant.
    Case Number: S19G1486

    Rule Barring "Wrongful Birth" Claims Did Not Necessarily Bar All Claims Based on Defective Sperm

  • Gary v. Brown

    Publication Date: 2020-09-30
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kwame Townes, (Townes, Davis & Associates, LLC), Tucker, for appellant.
    for defendant: Trevor Hiestand, Carolyn Lee, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A20A0953

    Court affirms defendant's JNOV motion on the issue of future medical expenses in a car accident case because no evidence supported those expenses

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Coen v. Aptean, Inc. et al.

    Publication Date: 2020-09-24
    Practice Area: Civil Procedure | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Timothy Coen, Atlanta, for appellant.
    for defendant: Matthew Ames, (Balch & Bingham LLP), Atlanta, Steven Collins, (Alston & Bird LLP), Atlanta, Rachel Gage, Richard Robbins, Alexa Ross, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee.
    Case Number: A18A0522

    Statutory Abusive Litigation Claim Asserted in Renewal Suit Was Not Time-Barred; Derivative Request for Punitive Damages Also Not Time-Barred

  • In Re Estate of Butler

    Publication Date: 2020-08-17
    Practice Area: Damages | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: J. Gnann, (Gannam, Gnann & Steinmetz LLC), Savannah, for appellant.
    for defendant: Roy Paul, (Bart, Meyer & Company, LLP), Savannah, for appellee.
    Case Number: A20A1272

    Probate Court Erred in Imposing Over $19,000 in Damages for Civil Contempt on Will Executor

  • Reid v. Morris et al.

    Publication Date: 2020-08-07
    Practice Area: Damages
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Scott Jackson Harrison, (Monge & Associates), Atlanta, for appellant.
    for defendant: Keith S. Stroud, Lakenin Morris, Griffin, for appellee. James Darren Summerville, Anna Green Cross, Maxwell Kent Thelen, (The Summerville Firm, LLC), Atlanta, for Amicus Appellant. William Wright Banks, Andrew Alan Pinson, Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, Dennis R. Dunn, Tucker, David Norton Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Jeffrey S. Ward, (Drew, Eckl & Farnham LLP), Brunswick, Elissa Blache Haynes, (Drew, Eckl & Farnham LLP), Atlanta, Malissa Anne Kaufold-Wiggins, (Balch & Bingham, LLP), Atlanta, for Other Party.
    Case Number: S20A0107

    Trial Court Must Determine Whether DUI Defendant Was an 'Active Tortfeasor' and, If So, Must Set Punitive Damages Amount Against Him

  • Paris v. E. Michael Ruberti, LLC

    Publication Date: 2020-07-31
    Practice Area: Attorney Compensation | Contractual Disputes | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Adam Hames, (The Hames Law Firm), Atlanta, for appellant.
    for defendant: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, E. Ruberti, (E. Michael Ruberti, LLC), ST. Simons Island, for appellee.
    Case Number: A20A0656

    Trial Court Erred in Calculating and Awarding Damages Based on Breach of a Contingency Fee Agreement When the Contingency Had Not Occurred

  • Wilson v. Wernowsky et al.

    Publication Date: 2020-07-30
    Practice Area: Attorney Compensation | Damages | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: James Penland, (Attorney at Law), Atlanta, for appellant.
    for defendant: Dana Richens, Edward Wasmuth, (Smith, Gambrell & Russell, LLP), Atlanta, for appellee.
    Case Number: A20A0641

    Widow Presented Sufficient Evidence to Go to Jury in Support of Her Successor-in-Interest Liability Claim Against Late Husband's Business Partner