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  • Remediation Resources Inc. v. Balding

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John T. Croley Jr., Fitzgerald, and Robert M. Darroch Mabry & McClelland LLP, Atlanta, for appellant.
    for defendant: . Daniel B. Snipes and James B. Franklin Franklin, Taulbee, Rushing, Snipes & Marsh PC, Statesboro, for appellees.
    Case Number: A06A1241

    A jury question remained regarding whether the defendant's employer was acting within the scope of his employment when he ran a stop sign in a company-owned truck and killed the plaintiff's hu

  • Johnson v. State

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A1444

    The trial court did not err in refusing to sever the methamphetamine possession charge from the kidnapping with bodily injury charge, since the kidnapping was ongoing when officers arrested the defe

  • Collins v. State

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bennett T. Willis Jr. Harrison & Willis, and Holly M. DeRosa, Perry, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    Case Number: A06A1230

    Officers who searched the defendant incident to his arrest had probable cause to believe he was breaking the law, based on their awareness that he was previously arrested following an explosion of a

  • Allen v. State

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alan I. Begner Begner & Begner PC and Tammi S. Long, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Josh W. Thacker, Assistant District Attorney, Zebulon, for appellee.
    Case Number: A06A1583

    The defendant failed to show that the trial court improperly considered his prior conviction in imposing the maximum 10-year sentence for his convic

  • Benson v. State

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1006

    Burchette v. State, 278 Ga. 1 2004, which disapproved of language in an Allen charge stating that a case "must be decided by some jury," did not demand reversal of the present case where such langu

  • Allen v. Wright

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David N. Nelson, Norman C. Pearson III Chambless, Higdon, Richardson, Katz & Griggs LLP, John C. Daniel III and Richard A. Epps Jr. Martin Snow LLP, Macon, for appellant.
    for defendant: . William H. Pinson Jr. Savage, Turner, Pinson & Karsman, Savannah, for appellee. Other party representation: Allen S. Willingham Love & Willingham, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0662

    Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; 42 U. S. C. 1320d et. seq. preempts O.C.G.A. § 9-1

  • Northlake Med. Ctr. LLC v. Queen

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel S. Reinhardt, Michael E. Johnson Troutman Sanders LLP, Alan M. Maxwell and John M. Hawkins Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Richard Kopelman Kopelman Law Group PC, Robert L. Goldstucker and Benjamin S. Persons IV Nall & Miller LLP, Atlanta, for appellee. Other party representation: Allen S. Willingham, Robert P. Monyak Love, Willingham, Peters Gilleland & Monyak LLP, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0540

    HIPAA preempts the medical record release requirement of O.C.G.A. § 9-1

  • Banks v. City of Hampton

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellant.
    for defendant: James R. Westbury Jr. Mullins, Whalen & Westbury, Griffin, Stephanie K. Jones, Rex, and Steven M. Fincher Fincher & Hecht LLC, Jonesboro, for appellees.
    Case Number: A06A0159

    A party's financial interest in a case cannot be dispositive of whether he or she is a "nominal party" for venue purposes and venue and jurisdiction are not conferred based on the party with the gre

  • Sterling, Winchester & Long LLC v. Loyd

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, for appellant.
    for defendant: Benjamin Allen, Augusta, for appellee.
    Case Number: A06A0990

    The Georgia Supreme Court's decision in Eckles v. Atlanta Technology Group, 267 Ga. 801 1997, foreshadowed the recent ruling on a matter of first impression in Winzer v. EHCA Dunwoody, LLC, 277 Ga.

  • Kania v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Beverly Harris, Blairsville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, for appellee.
    Case Number: A06A0667

    The defendant freely and voluntarily gave his custodial stat