Assault-and-Battery Exception to GTCA's General Waiver of State's Immunity Bars 'Public Nuisance' Claims Against GDOC

Appellate Division,Second Department:August 13, 2019

The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

National Forest Management Act required protection of "viable" population only (Kozinski, J.)

Under the somewhat peculiar factual circumstances of the case, the absence of lighting at the newly reconfigured intersection could be considered as evidence on the issue of whether the intersection

To the extent that the plaintiffs' claim against the DOT was based on negligent approval of defective construction plans or failure to deny approval of defective construction plans, it was barred by

The doctrine of collateral estoppel supported the trial court's grants of summary judgment to the defendant in the plaintiffs' actions for damages the defendant's erroneous analytical work allegedly

The parties' written documents lacked the element of consideration, thus the entire contract was considered in parol and the 4-year, rather than 6-year, statute of limitation ap

The appellant waived its right to stay arbitration in a dispute over $4.5M in invoices rendered from 1999-2004 in connection with development consulting services provided in connection with the cons

O.C.G.A. § 9-3-24's 6-year statute of limitation was controlling, since the statute on all simple contracts in writing is six