• Moody v. National Western Life

    Publication Date: 2021-08-09
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Kelly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01-18-01106-CV

    Appellant filed a shareholder's derivative suit challenging the business practices of appellee, which filed a plea to the jurisdiction.

  • PTI Royston, LLC v. Eubanks et al.

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A21A0182

    Georgia's general tort statute of repose bars strict liability claims brought under the Asbestos Claims Act, but defendant may be barred from that defense due to claims of fraud

  • Bellin v. Zucker

    Publication Date: 2021-08-05
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Susan Carney
    Attorneys: For plaintiff: For Plaintiff-Appellant Rosalind Bellin: Nina Keilin, Law Office of Nina Keilin, New York, NY, on the brief, Aytan Y. Bellin, Bellin & Associates LLC, White Plains, NY.
    for defendant: for Defendant-Appellee Howard A. Zucker: Caroline A. Olsen, Assistant Solicitor General of Counsel, Barbara D. Underwood, Solicitor General, New York State Office of the Attorney General, New York, NY. For Defendant-Appellee ElderServe Health, Inc., DBA RiverSpring at Home: Mara R. Lieber, on the brief, Brian T. McGovern, Crowell & Moring LLP, New York, NY. For National Health Law Program, Center for Medicare Advocacy, and Justice in Aging, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin: Martha Jane Perkins and Sarah Somers, National Health Law Program, Chapel Hill, NC; Alice Bers, Center for Medicare Advocacy, Willimantic, CT. For Empire Justice Center and New York Legal Assistance Group, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin: Benjamin W. Taylor, New York Legal Assistance Group, New York, NY.

    Case Number: 20-1463

    Medicaid Beneficiary Shows MLTC Personal Care Hours Channeled by Contract, Regulation

  • Mcdaniel v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Williams, (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Deborah Gonzalez, Victoria Goff, (Western Judicial Circuit District Attorney's Office), Athens, Kenneth Mauldin, (District Attorney), Athens, for other party.

    Case Number: A21A0590

    Sentences Imposed for Two Counts of Child Cruelty Are Vacated and Remanded for Re-Sentencing; Trial Court Employed Improper Analysis to Answer Merger Question

  • U.S. v. Perez

    Publication Date: 2021-08-04
    Practice Area: Civil Rights | Constitutional Law | Criminal Law | Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge John Walker
    Attorneys: For plaintiff: For Appellee: Kevin Trowel, on the brief, Tanya Hajjar, Assistant United States Attorneys, for Mark J. Lesko, Acting United States Attorney for the Eastern District of New York.
    for defendant: For Defendant-Appellant Javier Perez: Yuanchung Lee, Federal Defenders of New York, Inc., Appeals Bureau.

    Case Number: 19-620-cr

    18 USC §922(g)(5), as Applied to Undocumented Alien, Withstands 'Intermediate Scrutiny'

  • In re Marriage of L.R. and K.A.

    Publication Date: 2021-08-02
    Practice Area: Family Law
    Industry:
    Court: Court of Appeal, 4th District
    Judge: Justice Do
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D077533

    Parent's upsetting conduct during co-parenting exchanges insufficient to warrant issuance of DVRO

  • Ortiz v. American Airlines

    Publication Date: 2021-08-02
    Practice Area: Civil Appeals | Class Actions | Securities Litigation
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Stewart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-10817

    On behalf of themselves and others similarly situated, appellants brought suit against American Airlines, Inc. and its related entities for breach of fiduciary duties under the Employee Retirement Income Security Act of 1974.

  • Sloans v. The State

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jordan Van Matre, (The Law Office of Jordan K. Van Matre, P.C.), McDonough, for Appellant.
    for defendant: Fani Willis, Paul Howard, Mathew Plott, (Fulton County District Attorney's Office), Atlanta, for Appellee.

    Case Number: A21A0125

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Upshaw v. Lacado

    Publication Date: 2021-08-02
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Walker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02-20-00031-CV

    Appellants entered into franchise agreements with appellee for Taco Casa fast-food restaurants.

  • Henry v. County of Nassau

    Publication Date: 2021-07-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Steven Menashi
    Attorneys: For plaintiff: For Plaintiff-Appellant: Steven M. Lester, on the brief, Robert J. La Redolla, La Redolla Lester & Associates, LLP, Garden City, New York.
    for defendant: For Defendant-Appellees: Jared A. Kasschau, on the brief, Robert F. Van Der Waag, Nassau County Attorneys, Mineola, New York.

    Case Number: 20-1027-cv

    Second Amendment Gun Rights Claim Reinstated; County Lacked Evidence of Danger to Safety