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PEOPLE, res, v. OSWALDO CUELLO, def-ap

Publication Date: 2017-10-16
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Tom, J.P., Renwick, Andrias, Singh, Moulton, JJ.
Attorneys: For plaintiff:
for defendant:
Case Number: 4649

4649. PEOPLE, res, v. OSWALDO CUELLO, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for ap — Judgment, Supreme Court, New York County (Bru

McConnell et al. v. Georgia Department of Labor

Publication Date: 2017-10-09
Practice Area: Government
Industry:
Court: Court of Appeals
Judge: Presiding Judge Melton
Attorneys: For plaintiff: Scott A. Schweber, Jefferson Madden Allen (Cohen, Cooper, Estep, & Allen, LLC), Atlanta, for appellant.
for defendant: Kathleen M. Pacious, Loretta L. Pinkston-Pope, Angela Ellen Cusimano, Christopher M. Carr (Department of Law), Atlanta, for appellee.
Case Number: S16G1786

The Court of Appeals erred in failing to address sovereign immunity in its decision affirming the dismissal of a class action suit against the Georgia Department of Labor arising from the Department's disclosure of the proposed class members' personal information in an email sent to approximately 1,000 Georgians.

Daniels v. The State

Publication Date: 2017-10-09
Practice Area: Criminal Law
Industry:
Court: Court of Appeals
Judge: Chief Justice Hines
Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LCC), Bainbridge, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; April Marie Hancock (Colquitt County District Attorney's Office), Moultrie; Bradfield M. Shealy (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
Case Number: S17A0931

The evidence supported defendants' convictions for felony murder, violations of the Street Gang Terrorism and Prevention Act and other crimes.

Lockamy v. Lockamy

Publication Date: 2017-10-02
Practice Area: Family Law
Industry:
Court: Court of Appeals
Judge: Presiding Justice Melton
Attorneys: For plaintiff: Garnett Harrison, Jacqueline NiCole Fortier (Garnett Harrison PC), Kingsland, for appellant.
for defendant: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellee.
Case Number: S17A0966

The trial court erred in granting wife's motion to reform a divorce decree because she untimely filed the motion more than six years after the entry of the judgment.

Autozone, Inc. et al. v. Mesa

Publication Date: 2017-09-27
Practice Area: Attorney Compensation
Industry:
Court: Court of Appeals
Judge: Judge Reese
Attorneys: For plaintiff: Thomas Beauchamp (McAngus Goudelock & Courie LLC), Atlanta, for appellant.
for defendant: Paul Balducci (Attorney at Law), Augusta, for appellee.
Case Number: A17A1294

The superior court exceeded its authority when it substituted itself as the factfinder in lieu of an administrative law judge and the State Board of Workers' Compensation and reversed the Board's ruling, which denied certain benefits to the claimant.

Cash et al. v. LG Electronics, Inc. et al.

Publication Date: 2017-09-27
Practice Area: Expert Witnesses | Toxic Torts
Industry:
Court: Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
for defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
Case Number: A17A0878

The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.

September 26, 2017 | Daily Report Online

In Pelvic Mesh Case, 11th Circuit Seeks Texas Guidance

The U.S. Court of Appeals for the Eleventh Circuit, ruling in a pelvic mesh case, has certified an "unresolved question of Texas law" to the Texas Supreme Court involving when the statute of limitations period accrues in product liability lawsuits.

1 minute read

September 25, 2017 | Texas Lawyer

In Pelvic Mesh Case, 11th Circuit Seeks Texas Guidance

The U.S. Court of Appeals for the Eleventh Circuit, ruling in a pelvic mesh case, has certified an "unresolved question of Texas law" to the Texas Supreme Court involving when the statute of limitations period accrues in products liability lawsuits.

1 minute read

Brown v. The City of N.Y., 303170/13

Publication Date: 2017-09-25
Practice Area: Civil Rights
Industry:
Court: Supreme Court, Bronx County
Judge: Justice Ben Barbato
Attorneys: For plaintiff: Counsel for Plaintiff: Nazrali Law Firm.
for defendant: Counsel for Defendants: New York City-Law Department.
Case Number: 303170/13

§1983 Claims Failed Where Evidence Found in Legal Search Supported Probable

San Bruno Committee for Economic Justice v. City of San Bruno (San Bruno Hotels, LLC)

Publication Date: 2017-09-21
Practice Area: Election and Political Law | Government | Real Estate
Industry: State and Local Government | Real Estate | Non–Profit
Date Filed: 2017-09-20
Court: C.A. 1st
Judge:
Attorneys: For plaintiff: Leonard Carder, LLP, Arthur Liou, for Plaintiffs and Appellants San Bruno Committee for Economic Justice et al.
for defendant: City Attorney of City of San Bruno, Mark L. Zafferano, Burke, Williams & Sorensen, LLP, Kevin D. Siegel, Christopher M. Long, for Defendants and Respondents City of San Bruno, et al.
Case Number: No. A149409

City council's adoption of resolution approving sale of city-owned real estate not subject to referendum (Dondero, J.)