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  • Durham v. Dollar Tree Stores, Inc. et al.

    Publication Date: 2021-08-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Erica Durham, Opelika, for appellant.
    for defendant: Rebecca Strickland, Nelofar Agharahimi, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A21A0624

    Trial Court Erred by Issuing an Incomplete Jury Instruction on Apportionment in Premises Liability Action; Denial of Motion for New Trial Remanded

  • Bellin v. Zucker

    Publication Date: 2021-08-05
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Susan Carney
    Attorneys: For plaintiff: For Plaintiff-Appellant Rosalind Bellin: Nina Keilin, Law Office of Nina Keilin, New York, NY, on the brief, Aytan Y. Bellin, Bellin & Associates LLC, White Plains, NY.
    for defendant: for Defendant-Appellee Howard A. Zucker: Caroline A. Olsen, Assistant Solicitor General of Counsel, Barbara D. Underwood, Solicitor General, New York State Office of the Attorney General, New York, NY. For Defendant-Appellee ElderServe Health, Inc., DBA RiverSpring at Home: Mara R. Lieber, on the brief, Brian T. McGovern, Crowell & Moring LLP, New York, NY. For National Health Law Program, Center for Medicare Advocacy, and Justice in Aging, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin: Martha Jane Perkins and Sarah Somers, National Health Law Program, Chapel Hill, NC; Alice Bers, Center for Medicare Advocacy, Willimantic, CT. For Empire Justice Center and New York Legal Assistance Group, Amici Curiae in support of Plaintiff-Appellant Rosalind Bellin: Benjamin W. Taylor, New York Legal Assistance Group, New York, NY.
    Case Number: 20-1463

    Medicaid Beneficiary Shows MLTC Personal Care Hours Channeled by Contract, Regulation

  • Walker v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Daniel Wells, (Office of the Flint Judicial Circuit Public Defender), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A21A0591

    Evidence Was Insufficient to Sustain Conviction for Violation of a Sexual Offender Restriction; State Failed to Show Defendant Committed Crime That Required Registration on or After Certain Date

  • Hill v. The State

    Publication Date: 2021-07-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Laura Lukert, (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A21A0351

    State Fails to Present Sufficient Evidence of Actual or Constructive Drug Possession to Support Defendant's Convictions

  • Union Carbide Corporation v. Brannan et al.

    Publication Date: 2021-07-27
    Practice Area: Civil Procedure
    Industry: Chemicals and Materials
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Catherine Payne, William Massey, Philip Sandick, (Alston & Bird LLP), Atlanta, for Appellant.
    for defendant: Robert Buck, (Buck Law Firm), Peachtree Corners, Brian Kinsley, Greensboro, for Appellee
    Case Number: A21A0143

    Court affirms denial of motion to dismiss personal injury claims of a decedent's estate where prior pending claims doctrine did not bar the refiling

  • Shepherd v. Unknown Party

    Publication Date: 2021-07-23
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Ninth Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-15834

    Inmate may claim actual innocence of career offender enhancement only if subjected to mandatory sentence under mandatory sentencing scheme

  • Rose v. Clark

    Publication Date: 2021-07-12
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Paula Free, (Law Office of Paula O'Neal Stewart), Winder, David Thomson, (Beisswenger & Thomson P.A.), Athens, for appellant.
    for defendant: Allen Bodiford, (Attorney at Law), Stockbridge, for appellee.
    Case Number: A21A0172

    Court affirms contempt finding as to child support payments in a divorce proceeding but vacates an attorney fee award that was not supported by findings of fact or statute

  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • Landrum v. Three Aces Towing

    Publication Date: 2021-07-05
    Practice Area: Civil Appeals | Premises Liability | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Justice Poissant
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-19-00409-CV

    Appellant argued that the trial court erred in granting summary judgment to appellee and was able to show to that there were still genuine issues of material facts as to a breach of duty.

  • Thompson v. Microsoft

    Publication Date: 2021-07-05
    Practice Area: Civil Appeals | Employment Litigation | Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Higginbotham
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-50218

    Appellant, John Thompson, challenged the district court's grant of summary judgment in favor of his employer, Microsoft, on his claims under the Americans with Disabilities Act for failure to accommodate, discrimination, and creation of a hostile work environment.