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  • Rader Funeral v. Chavira

    Publication Date: 2018-03-26
    Practice Area: Civil Appeals | Contracts | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Justice Rodriguez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-17-00151-CV

    Roberto Chavira, the husband and son of appellees, was killed in a car accident, as was another passenger in the same vehicle.

  • TLC v. Pillar Income

    Publication Date: 2018-03-26
    Practice Area: Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Hoyle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12-16-00211-CV

    Pillar, a real estate advisory/management company, entered into a written contract with TLC to purchase an apartment complex owned by TLC.

  • March 23, 2018 | New York Law Journal

    Time to End Qualified Immunity?

    Civil Rights Litigation columnist Ilann M. Maazel writes: Qualified immunity is often asserted and litigated in §1983 cases. But some conservative scholars now argue that the doctrine is lawless. This column discusses why.

    1 minute read

  • March 22, 2018 | The Recorder

    Can You Impeach With RFA Denials? – Victaulic Company's $55 Million Dollar Question

    A recent appellate decision confirmed that the prohibition on using Request For Admission denials or responses to contention interrogatories at trial cannot be circumvented by laying an impeachment trap for witnesses.

    1 minute read

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • Cherokee Main Street, LLC v. Ragan

    Publication Date: 2018-03-22
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brandon Day, Jerald Hanks (Hanks Brookes, LLC), Atlanta, for appellant.
    for defendant: William Akin, S. Tate (Akin & Tate, LLC), Cartersville, for appellee.
    Case Number: A17A1819

    Accident Victim Who Was Aware of Risk at Unmarked Crossing And Knowingly Stepped in Front of Approaching Car Had Superior Knowledge of Hazard

  • Proano v. Kesser Realty

    Publication Date: 2018-03-21
    Practice Area: Labor Law
    Industry:
    Court: Supreme Court, Kings
    Judge: Justice Edgar Walker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16773/14

    Defense Fails to Make Prima Facie Case, Dismissal of Worker's LL §240(1) Claim Denied

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.

  • Richard Nugent and CAO, Inc. v. The Estate Of Janie Baker Ellickson

    Publication Date: 2018-03-19
    Practice Area: Civil Appeals | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Boyce
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-16-00839-CV

    Appellants entered into an agreement with a 71 year old homeowner to sell her house and she later signed a durable power of attorney in favor of appellant.

  • March 16, 2018 | The Recorder

    9th Circuit OKs Government's Hiring of Law Firms on Contingency

    The appellate court on Thursday found that a defendant's due process rights weren't violated when a district attorney in California hired three outside law firms on a contingency basis to pursue a civil lawsuit.

    1 minute read