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  • People v. Carl D. Wells, No. 188

    Publication Date: 2013-11-15
    Practice Area:
    Industry:
    Court: New York State Court of Appeals
    Judge: Opinion by Judge Graffeo. Chief Judge Lippman and Judges Read, Smith, Rivera and Abdus-Salaam concur. Judge Pigott dissents and votes to affirm in an opinion.
    Attorneys: For plaintiff: Orrie A. Levy, for respondent.
    for defendant: Harold V. Ferguson, Jr., for appellant.
    Case Number: No. 188

    Cite as: People v. Carl D. Wells, No. 188, NYLJ 1202627764179, at *1 (Ct. of App., Decided November 14, 2013) No. 188 Opinion by Judge Graffeo. Ch

  • McBurrows v. State

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A13A1558

    Based on the totality of the circumstances, officers had a reasonable suspicion to believe that the vehicle and its occupants, including the defendant, were about to engage in criminal act

  • Wade v. Allstate Fire & Cas. Co.

    Publication Date: 2013-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Hadden Turkheimer & Hadden LLC, Atlanta, and Scott Williamson The Williamson Law Firm, Alpharetta, for appellant.
    for defendant: Jeffrey Leasendale Allen & Associates, Atlanta, for appellee. Other party representation: Nanci Corsi, Atlanta.
    Case Number: A13A0827

    The trial court erred in finding that the insurer was not required to pay underinsured motorist benefits based on the plaintiff insured's failure to exhaust the limits of insurance liability protect

  • Martin v. SEC, 11-3011

    Publication Date: 2013-11-13
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    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Katzmann, C.J, Kearse, and Droney, C.JJ.
    Attorneys: For plaintiff: For Petitioners: Allan H. Carlin, Law Office of Allan H. Carlin, New York, NY.
    for defendant: For Respondent: Luis de la Torre, Senior Litigation Counsel, Jacob H. Stillman, Solicitor, Michael A. Conley, Deputy General Counsel, on the brief, Jeffrey A. Berger, Senior Counsel, Securities and Exchange Commission, Washington, District of Columbia
    Case Number: 11-3011

    Cite as: Martin v. SEC, 11-3011, NYLJ 1202627012962, at *1 (2d Cir., Decided October 30, 2013) 11-3011 Before: Katzmann, C.J, Kearse, and Droney,

  • City of Tybee Island, Georgia v. Live Oak Grp. LLC

    Publication Date: 2013-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1570; A13A1617

    The plaintiff failed to set forth an inverse condemnation claim arising from the denial of its application to amend the building standards applicable to its pro

  • Martin v. SEC, 11-3011

    Publication Date: 2013-11-06
    Practice Area:
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Katzmann, C.J, Kearse, and Droney, C.JJ.
    Attorneys: For plaintiff: For Petitioners: Allan H. Carlin, Law Office of Allan H. Carlin, New York, NY.
    for defendant: For Respondent: Luis de la Torre, Senior Litigation Counsel, Jacob H. Stillman, Solicitor, Michael A. Conley, Deputy General Counsel, on the brief, Jeffrey A. Berger, Senior Counsel, Securities and Exchange Commission, Washington, District of Columbia.
    Case Number: 11-3011

    Cite as: Martin v. SEC, 11-3011, NYLJ 1202626669424, at *1 (2d Cir., Decided October 30, 2013) 11-3011 Before: Katzmann, C.J, Kearse, and Droney,

  • Dodds v. Dabbs, Hickman, Hill & Cannon LLP

    Publication Date: 2013-11-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1273; A13A1292; A13A1518

    The plaintiff did not establish that he rescinded or attempted to rescind the parties' settlement agreement and his release, as he made no showing that he restored or offered to restore to the defen

  • Dewrell Sacks LLC v. Chicago Title Ins.

    Publication Date: 2013-10-21
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0901; A13A0902

    Questions of fact remained as to whether the plaintiff intended to rescind the individual defendant's personal guaranty to fully indemnify a title insurance company for any and all loss it sustained

  • Howland v. Wadsworth

    Publication Date: 2013-10-15
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    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Lawrence Bracken and James Humphries Hunton & Williams LLP, Atlanta, for appellant.
    for defendant: . Charles Adams Adams & Adams LLP, Fort Valley, Virgil Adams, Caroline Herrington Adams & Jordan PC, Jarome Gautreaux Gautreaux & Adams LLC, and Tracey Dellacona, Macon, for appellee. Amicus Curiae: Hunter Allen, Simuel Doster Allen, McCain & O'Mahoney PC, Atlanta, and Steven Salcedo, Decatur.
    Case Number: A13A0927

    The evidence created a jury issue as to whether the medical care provided to the plaintiff constituted "emergency medical care", in which case the plaintiff needed to prove gross negligence by clear

  • Fleming v. State

    Publication Date: 2013-10-14
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: James McDade, District Attorney, and Jeffrey Gore, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A13A1203

    The defendant was not entitled to a jury charge on defense of habitation as to his conviction for criminal damage to property in the second degree, since such defense does not apply to the use of fo