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Edward N. Davis, P. C. v. Watson
Publication Date: 2018-07-05
Practice Area: Attorney Compensation | Civil Procedure | Creditors' and Debtors' Rights
Industry: Legal Services
Court: Georgia Court of Appeals
Judge: Judge McMillian
Attorneys:
For plaintiff: Edward Davis (Attorney at Law), Butler, for appellant.
For defendant: Joel Sherlock (Mincey & Sherlock LLC), Roberta, for appellee. Adam Russo (Lefkoff Rubin & Gleason & Russo PC), Atlanta; James Anthony (Warner Bates McGough McGinnis & Portnoy PC), Atlanta; Floyd Dickens (Gaddis & Lanier LLC), Atlanta; Derek Littlefield (Cushing Morris Armbruster & Montgomery LLP), Atlanta; Joseph Burton (Mozley Finlayson & Loggins LLP), Atlanta, for other party.
Case number: A18A0087

Late-Filed Statutory Attorney's Lien Was Not Superior to Other Liens Claimed by Interpleader Defendants

Stopanio et al., v. Leon's Fence and Guardrail, LLC et al.
Publication Date: 2018-06-28
Practice Area: Civil Procedure | Government | Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys:
For plaintiff: Sarah Kjellin (Watson Spence LLP), Albany; Colin Delaney, Edward Wasmuth, Leah Sears (Smith Gambrell & Russell LLP), Atlanta; Stuart Cohen (Conroy Simberg), Hollywood, for appellant.
For defendant: Andrew Horowitz (Drew Eckl & Farnham LLP), Atlanta; Christopher Carr (Attorney General), Atlanta; Sharon Horne (Mozley, Finlayson & Loggins), Atlanta; Lori Nash (Georgia Law Department), Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Kathleen Turnipseed (GA Department of Law), Atlanta; William Horgan, Steven Puritz (Pennington P.A.) Tallahassee, for appellee.
Case number: A18A0587

The Court vacated the trial court's order dismissing plaintiff's claims against the Georgia Department of Transportation arising out of an automobile collision that killed her parents and resulted in personal injuries to her and remanded the case for the trial court to reconsider whether the pending criminal investigation arising out of the accident tolled the 12-month deadline for plaintiff to provide ante litem notice to State.

Skyjack, Inc. et al. v. Mois et al.
Publication Date: 2018-06-27
Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
Industry: Manufacturing
Court: Georgia Court of Appeals
Judge: Presiding Judge Ellington
Attorneys:
For plaintiff: James Singer (Bovis, Kyle & Burch), Atlanta; H. Young, Willie Ellis, Warner Fox (Hawkins Parnell Thackston & Young LLP), Atlanta; Katherine Mercer-Lawson, Theresa Wardon (Wheeler Trigg O'Donnell LLP), Denver; Andrew Capobianco (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
For defendant: Darren Penn (Penn Law LLC), Atlanta; Jennifer Smith (Ken David & Associates LLC), Atlanta, for appellee. Matthew McLaughlin (McLaughlin & Loring), Alpharetta, for other party.
Case number: A18A0455

Substituting Administrator of Decedent's Estate For Named Plaintiff in Wrongful Death Action Not Statutorily Authorized

Peterson v. Peterson
Publication Date: 2018-04-09
Practice Area: Civil Procedure | Trusts and Estates
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Hines
Attorneys:
For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
For defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
Case number: S17A1488

The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.

January 18, 2018 | Insurance Coverage Law Center

Insured’s Plea to Insurance Fraud Doomed Bid for Coverage of Fire Damage to Home

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurance company did not have to pay a claim for fire damage to the home of a woman…
4 minute read
Cash et al. v. LG Electronics, Inc. et al.
Publication Date: 2017-09-27
Practice Area: Expert Witnesses | Toxic Torts
Industry:
Court: Court of Appeals
Judge: Presiding Judge Miller
Attorneys:
For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
For defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
Case number: A17A0878

The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.

February 13, 2017 | Insurance Coverage Law Center

Fuller v. Mercury Ins. Co. of Georgia

 Click Here for FC&S Legal Expert Analysis  Fullerv.Mercury Ins. Co. of Georgia2017 WL 395693Only the Westlaw citation is currently…
13 minute read
December 30, 2016 |

12 Months of Memorable Cases in Georgia

Large jury awards are always headline-grabbers—and 2016 was no exception. But there is often more to a case than just an eye-popping award. Here is a notable case from each month of 2016 in Georgia courts.
23 minute read
Tomeh v. Bohannon
Publication Date: 2014-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys:
For plaintiff: Michael Bailey and Bailey Blair Huff, Powell & Bailey LLC, Atlanta, for appellant.
For defendant: James Potts Trial Lawyers, Atlanta, for appellees. Other party representation: Melissa Reading, Frederick Gleaton Owen, Gleaton, Egan, Jones & Sweeney LLP, Wade Copeland, Ashley Sexton Carlock, Copeland & Stair LLP, Kimberly Woodland Insley & Race LLC, John Lowery Mozley, Finlayson & Loggins LLP, Atlanta, Mark Mueller Mueller Law Offices, Austin, Texas, and Jeffrey Osgood Strasburger & Price LLP, Dallas, Texas.
Case number: A14A1155

A doctor who is merely on-call, but does not render medical treatment or care to a patient, does not have a doctor-patient relationship and is not liable for malpra

Dogan v. Buff
Publication Date: 2014-11-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys:
For plaintiff: Sidney Moore, Darren Summerville Summerville Moore PC, Atlanta, Michael Werner, and Mark Link Hertz Link & Smith PC, Tucker, for appellant.
For defendant: Andrew Capobianco, Brian Duva Mozley Finlayson & Loggins LLP, Brian Moore Drew Eckl & Farnham, and Kay Thompson Sharon W. Ware & Associates, Atlanta, for appellees.
Case number: A14A0806

Factual questions remained regarding whether the defendant truck driver, who rear-ended the plaintiff's van, was following too closely and thus failed to exercise ordinary

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