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  • Huda T. Scheidelman, Petitioner-Appellant-Cross Appellee v. Commissioner of Internal Revenue, Respondent-Appellee-Cross Appellant1, 10-3587-ag

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Jacobs, Ch.J., Leval and Livingston, C.JJ.
    Attorneys: For plaintiff: For Petitioner-Appellant-Cross Appellee: Eduardo S. Chung, on the brief, Frank Agostino, Agostino & Associates, P.C., Hackensack, NJ.
    for defendant: Patrick J. Urda (Kenneth L. Greene, on the briefs), for Gilbert Rothenberg, Acting Deputy Assistant Attorney General, U.S. Department of Justice, Washington, D.C., for Respondent-Appellee-Cross Appellant.
    Case Number: 10-3587-ag

    Cite as: Scheidelman v. Commissioner of Internal Revenue, 10-3587-ag, NYLJ 1202560160915, at *1 (2d Cir., Decided June 15, 2012)Before: Jacobs, Ch.J., Lev

  • Rawls v. State

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: harles Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Arthur Walton, Assistant District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A12A0093

    The trial court did not violate O.C.G.A. § 17-8-57 by questioning a witness regarding venue, as the colloquy at issue merely involved questions about the locations of events and did not refer to whe

  • Diplomat Constr. Inc. v. State Bank of Texas

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James M. Johnson Knight Johnson LLC, and Ariel D. Zion The Bloom Law Firm LLP, Atlanta, for appellant.
    for defendant: . Joshua J. Lewis, Eric J. Taylor Parker Hudson Rainer & Dobbs LLP, and Paul H. Anderson Jr., Atlanta, for appellee.
    Case Number: A11A1836

    The testimony of the lender's valuation expert supported the trial court's conclusion that the auction price for the entire leasehold interest was

  • McRae v. Arby's Restaurant Group Inc.

    Publication Date: 2011-12-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lawrence T. Clements and Bruce P. Johnson Clements & Sweet, Atlanta, for appellant. James H. Chandler, Andrew J. Hamilton Hamilton, Westby, Antonowich & Anderson, Atlanta, Thomas A. Eaton, Athens, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation and Todd K. Maziar, Atlanta.
    for defendant:
    Case Number: A11A1021

    Nothing in the Workers' Compensation Act requires an employee to authorize her treating physician to talk to her employer's lawyer ex parte in exchange for receiving benefits for a compensable i

  • Jefferson v. State

    Publication Date: 2011-12-16
    Practice Area:
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jessica I. Benjamin Public Defender's Office, Athens, for Jefferson. Thomas J. Killeen Public Defender's Office, Athens, for Edwards. Kenneth W. Mauldin, District Attorney, Raquel C. Stokes and Jon R. Forwood, Assistant District Attorneys, Athens, for appellee.
    for defendant:
    Case Number: A11A1295; A11A1296

    The trial court erred in allowing the state to introduce expert opinion testimony that a piece of duct tape found at the scene came from a roll of duct tape found in the co-defendant's car, as the s

  • McGregor v. River Pond Farm LLC

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellants. Jesse G. Bowles III, Cuthbert, for appellee.
    for defendant:
    Case Number: A11A1244

    The special master used incorrect law in determining that the plaintiff has a prescriptive easement over a road on the defendants' property due to adverse possession for a period in excess of seven

  • Williams v. Capitol Corp. Cleaning Inc.

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: John F. Daugherty and Laura H. Mirmelli Greer, Klosik, Daugherty & Swank, Atlanta, for appellant. James W. Hardee Fain, Major, Wiley & Brennan, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1229

    In a slip and fall case, the trial court did not err by instructing the jury that where a defendant is an independent contractor performing janitorial services, it has no independent duty to inspect

  • Jefferson v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jessica I. Benjamin Public Defender's Office, Athens, for Jefferson. Thomas J. Killeen Public Defender's Office, Athens, for Edwards. Kenneth W. Mauldin, District Attorney, Raquel C. Stokes and Jon R. Forwood, Assistant District Attorneys, Athens, for appellee.
    for defendant:
    Case Number: A11A1295; A11A1296

    The trial court erred in allowing the state to introduce expert opinion testimony that a piece of duct tape found at the scene came from a roll of duct tape found in the co-defendant's car, as the s

  • Pounds v. Brown

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: W. Pitts Carr Carr Tabb Pope & Freeman LLP, Atlanta, and Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, for appellants. David H. Flint Schreeder, Wheeler & Flint LLP, Michael Weinstock, Richard V. Merritt Weinstock & Scavo PC, Dwight J. Davis King & Spalding, Leo E. Reichert, F. Barry McCabe, Atlanta, Harbert S. Gregory Jr. Brock, Clay, Calhoun & Rogers PC, Robert B. Silliman Awtrey & Parker, Marietta, and S. Lester Tate III Akin & Tate, Cartersville, for appellees.
    for defendant:
    Case Number: A10A0497

    Because the issue on appeal concerned uncontroverted evidence regarding the acts taken by the Board subsequent to the trial court's approving the agreement and the legal determination of whether su

  • Whooping Creek Construction LLC v. Bartow County Bank

    Publication Date: 2011-07-29
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas E. Parmer Price, Pyles, Dangle, Palmer & Rooks PC, Carrollton, for appellant.
    for defendant: William M. Akin Akin & Tate, Cartersville, for appellee.
    Case Number: A11A0574

    Factual issues remained as to whether a bank had actual knowledge that funds in question were being held for purpose of discharging a debt owed to the plai