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  • August 11, 2020 | New York Law Journal

    Anti-Assignment Provisions in Leases

    In their Transactional Real Estate column, Allen Wieder and Salvatore Gogliormella review cases suggesting that courts in New York, California, Texas, and Illinois intend to continue to carefully consider and narrowly construe anti-assignment provisions in leases and other corporate transactional documents.

    1 minute read

  • August 11, 2020 | Daily Report Online

    11th Circuit Rules for Transgender Man in Bathroom Case

    The victory covering schools in Florida, Georgia and Alabama the victory is considered a milestone for transgender rights that will resonate beyond high school bathroom use.

    1 minute read

  • August 10, 2020 | New York Law Journal

    A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule

    Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."

    1 minute read

  • Hyde v. Harrison County Texas

    Publication Date: 2020-08-10
    Practice Area: Civil Appeals | Environmental Law | Government
    Industry:
    Court: Court of Appeals
    Judge: Justice Frost
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-18-00628-CV

    The Texas Commission on Environmental Quality and its executive director challenged the district court's vacatur and dismissal of TCEQ's final decision in a contested enforcement action against Harris County based on the district court's determination that the county enjoyed governmental immunity as to the enforcement action and the imposition of an administrative penalty under Texas Water Code section 7.051.

  • Env Texas Citizen Lobby v. ExxonMobil

    Publication Date: 2020-08-10
    Practice Area: Civil Appeals | Damages | Environmental Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Costa
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-20545

    In this citizen suit seeking to recover for Clean Air violations at the largest petroleum and petrochemical complex in the nation, the court was confronted with tensions between citizens suits and Article II standing.

  • Bowden et al. v. The Medical Center, Inc.

    Publication Date: 2020-08-05
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Frank Mitchell Lowrey, Michael Rosen Baumrind, Michael Brian Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Charles A. Gower, Charles Austin Gower, (Charles A. Gower, P.C.), Columbus, for appellant.
    for defendant: William N. Withrow, Lindsey Bowen Mann, (Troutman Sanders, LLP), Atlanta, Paul Douglas Ivey, Robert Calhoun Martin, Lauren King Dimitri, (Hall Booth Smith, P.C.), Columbus, Miller Peterson Robinson, (King & Spalding LLP), Atlanta, for appellee. Curtis Allen Garrett, James Francis Bogan, (Kilpatrick Stockton LLP), Atlanta, Robert Perry Sentell, Joseph Hixon Huff, (Kilpatrick Stockton LLP), Augusta, for Amicus Appellant. Jason Edward Bring, Chesley Sellers McLeod, William Jerad Rissler, (Arnall Golden Gregory LLP), Atlanta, for other party.
    Case Number: S19G0494

    Court reverses class certification, and rules that a hospital was entitled to summary judgment on patient's fraud, misrepresentation, and RICO Act claims

  • The State v. Adams

    Publication Date: 2020-08-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kenneth Mauldin, (District Attorney), Athens, Malachi Peacock, (Western Judicial Circuit District Attorney's Office), Athens, for appellant.
    for defendant: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellee.
    Case Number: A20A0050

    Court reverses order granting defendant's plea in bar because dismissal of federal charges was not an acquittal for purposes of Georgia's successive prosecution statute

  • Valmana v. State of Texas

    Publication Date: 2020-08-03
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Palafox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-18-00084-CR

    Appellant was convicted for aggravated assault with a deadly weapon after using a beer bottle in a fight.

  • ACI Design v. Loadholt

    Publication Date: 2020-08-03
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Triana
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-19-00442-CV

    Appellee sued appellant for breach of contract, fraud, and negligent misrepresentation for failure to repay a $160,000 revolving line of credit he had extended.

  • July 30, 2020 | Daily Report Online

    Appeals Court Says Insurer Must Defend Class Action Over Landlord's Withheld Security Deposits

    The Eleventh Circuit opinion said the insurer for apartment management company ECI must defend it in a lawsuit alleging the landlord improperly keeps tenants' security deposits.

    1 minute read