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  • Blanton v. Crump Heating & Air, LLC et al.

    Publication Date: 2018-05-02
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: James Smith (Smith, Hannan and Parker, PC.), Valdosta, for appellant.
    for defendant: George Welborn (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A17A2005

    Plaintiff Could Not Maintain Action In Superior Court After His Attorney Had Settled Same Claims in Magistrate Court

  • Reid v. Waste Industries USA, Inc. et al.

    Publication Date: 2018-05-01
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Michael Johnson, Natalie Mark (Taylor English Duma LLP), Atlanta, for appellant.
    for defendant: Robert Martin (McKenna Long & Aldridge LLP), Atlanta; George Darden (Dentons US LLP), Atlanta, for appellee.
    Case Number: A17A1791

    The Court of Appeals partially reversed the trial court's order granting defendants' motion for summary judgment and denying plaintiff's motion for sanctions in his suit for malicious prosecution, conspiracy, and intentional and negligent infliction of emotional distress after he was acquitted of charges stemming from his alleged brandishing of a gun on his supervisor and co-workers after he was fired from his job.

  • DIP Lending I, LLC v. Cleveland Avenue Properties, LLC

    Publication Date: 2018-04-26
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jimmy Luke (Martin Bagwell Luke, P.C.), Atlanta, for appellant.
    for defendant: James Fletcher (Fletcher Law Firm LLC), Atlanta, for appellee.
    Case Number: A17A1410

    Addressing Foreclosure Notice to Third-Party Name At Proper Address Did Not Satisfy Statutory Notice Requirements

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.
    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • Zhong v. PNC Bank, N. A. et al.

    Publication Date: 2018-04-24
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Sarah Reise, (Ballard Spahr LLP), Atlanta; Daniel Tobin (Ballard Spahr LLP), Washington; Linda Finley, Joseph Buller, Jonathan Green, Kristin Miller (Baker, Donelson, Bearman Caldwell & Berkowitz, PC), for appellee.
    Case Number: A17A1891

    Debtor Could Pursue Action Against Home Lender for Promissory Estoppel and for Failure to Provide Notice of Foreclosure

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  • Amguard Insurance Company v. Kerkela

    Publication Date: 2018-04-23
    Practice Area: Administrative Law | Civil Procedure | Labor Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
    for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A17A1498

    Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board

  • Delpiano v. JPMorgan Chase Bank, N. A.

    Publication Date: 2018-04-23
    Practice Area: Civil Procedure | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Richard Alembik (Richard S. Alembik P.C.), Decatur, for appellant.
    for defendant: Ashby Fox, John Sullivan (Burr & Forman LLP), Atlanta, for appellee. Cynthia Smith (United States Attorneys Office), Atlanta, for other party.
    Case Number: A17A2039

    One Defendant's Admissions by Default Were Not Binding on Another Defendant Who Denied Plaintiff's Allegations

  • Georgia Casualty & Surety Company v. Valley Wood, Inc.

    Publication Date: 2018-04-19
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jerry Buchanan, Shannon Land (Buchanan & Land, LLP), Columbus; Patrick Fagan, Naveen Ramachandrappa, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Neal Callahan, David Helmick, Clarence Mullin (Waldrep, Mullin & Callahan), Columbus, for appellee.
    Case Number: A17A2093

    In an insurance coverage case, the trial court exceeded its authority under the Declaratory Judgment Act by issuing a coercive declaratory judgment so the Court of Appeals vacated the order and remanded the case with direction.

  • Tanner Medical Center, Inc. d/b/a Tanner Medical Center - Villa Rica et al. v. Vest Newnan, LLC d/b/a Newnan Behavioral Hospital et al.

    Publication Date: 2018-04-17
    Practice Area: Attorney Rates and Arrangements | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Kathlynn Polvino (KBP Law PC.), Atlanta; Robert Rozier (Baker & Hostetler LLP), Atlanta; Lawrence Myers, Lawrence Myers (Attorney at Law), Atlanta, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Marc Peterzell (Arnall, Golden, Gregory), Atlanta, for appellee. Georgia Department of Community Health (Office of General Counsel), Atlanta; Christopher Carr (Attorney General), Atlanta, Daniel Walsh (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A17A2125

    The trial court erred in denying appellants' motion for attorney fees in a certificate-of-need case, as they were the "prevailing parties" and entitled to fees under O.C.G.A. § 31-6-44.1 (c).

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.