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February 18, 2022 | Daily Report Online

'A Great Victory': Georgians Can Recover Open Records Act Civil Penalties, Court of Appeals Rules

"I think the Court of Appeals recognized what the Legislature was trying to accomplish, and hopefully people will start using this civil penalty tool to hold elected officials accountable," said Matthew Cardinale, a lawyer who sued the city of Atlanta over alleged Georgia Open Records Act violations.
6 minute read
February 15, 2022 | Daily Report Online

'The Socrates of the Court': How Departing Chief Justice Nahmias Transformed the Ga. Supreme Court

"From the moment Justice Nahmias arrived, the court became a 'hot bench,' and it has been that way ever since," said appellate specialist Naveen Ramachandrappa of Bondurant Mixson & Elmore.
8 minute read
February 11, 2022 | Daily Report Online

Ga. Supreme Court Set to Eye Bid to Upend Punitive Damages Cap After Series of Trial Court Rulings

The outcome of the appeal will determine payment of the $50 million punitive damages jury award from the case at hand, plus all others after it exceeding the current $250,000 limit, according to the plaintiff's lawyers.
4 minute read
February 07, 2022 | Daily Report Online

In-Person Oral Arguments to Return for February at Ga. Supreme Court

"We are planning on in-person oral arguments on Feb. 15 and 17, although we can convert to Zoom arguments if necessary," Georgia Supreme Court Chief Justice David Nahmias said Monday.
4 minute read
RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al.
Publication Date: 2021-12-27
Practice Area: Class Actions | Real Estate
Industry: Real Estate
Court: Georgia Supreme Court
Judge: Justice LaGrua
Attorneys:
For plaintiff: Walter J. Bibbins, Brittanie Danielle Browning, John E. Hall, Jr., (Hall Booth Smith, P.C.), Atlanta, Ryan Matthew Ingram, David Patrick Conley, Marie Wilcox, (Moore Ingram Johnson & Steele, LLP), Marietta, Kenan G. Loomis, (Cozen O'Connor), Atlanta, for appellant.
For defendant: Frank Mitchell Lowrey, Joshua Ferber Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, Matthew Quinn Wetherington, Sr., Robert Neil Friedman, (Wetherington Law Firm), Atlanta for appellee; Andrew Alan Pinson, (Department of Law), Atlanta; John Colquitt Rogers, (Carlock, Copeland & Stair, LLP), Atlanta, Kimberly D. Stevens, Willie C. Ellis, Jr., LeRyan Paige Lambert, (Hawkins Parnell & Young, LLP), Atlanta, for Amicus Appellant.
Case number: S21G0029

Court vacates and remands a class action case that addressed a private property owner's right to immobilize vehicles improperly parked on the owner's property

December 14, 2021 | Daily Report Online

Booters Get the Boot? Georgia Justices Say Booting Class Action May Proceed

While Georgia law does allow for unauthorized vehicles to be towed and impounded, no legal authority allows a private property owner to immobilize them and demand money for their release.
6 minute read
December 13, 2021 | Insurance Coverage Law Center

Attorney Comments on $2.7M Bad Faith Award Against Geico

Geico insurance argued that it was blindsided by a $2.9 million default judgment in a case it didn't know about, but the U.S. Court of Appeals for the Eleventh Circuit—after asking the Supreme Court of Georgia for guidance—affirmed the award.
4 minute read
Georgia CVS Pharmacy, LLC v. Carmichael
Publication Date: 2021-12-01
Practice Area: Premises Liability
Industry: Retail
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys:
For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
For defendant: Naveen Ramachandrappa, Michael Terry, (Bondurant, Mixson & Elmore LLP), Atlanta, Peter Law, Brian Kaplan, (Law & Moran), Atlanta, Brian Trulock, Carrie Moss, (Bendin Sumrall & Ladner, LLC), Atlanta, James Rice, (James A. Rice, Jr., P.C.), Atlanta, for appellee.
Case number: A21A0677

Court affirms $42,750,000 jury verdict in a premises liability action where the plaintiff was shot in the defendant's parking lot that was known to be unsafe

Stadterman v. Southwood Realty Co., et al.
Publication Date: 2021-11-23
Practice Area: Premises Liability
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Jonathan Schermerhorn, (The Schermerhorn Firm), Atlanta, Robert Ashe, Juliana Mesa, (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
For defendant: James Doyle, Andrew Eaton, Norbert Hummel, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
Case number: A21A0682

Court affirms summary judgment for property owners and managers in a premises liability action stemming from shooting injuries sustained by plaintiff

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.

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