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  • Prim v. Deputy Stein

    Publication Date: 2021-08-09
    Practice Area: Civil Appeals | Criminal Law | Personal Injury
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Stewart
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-20387

    Two individuals, who were arrested for public intoxication and sued the venue, were able to show that the trial court erred in granting summary judgment in favor of the venue.

  • TJFA v. Texas Commission

    Publication Date: 2021-08-09
    Practice Area: Civil Appeals | Government | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 03-19-00815-CV

    Appellee 130 Environmental Park filed an application for a permit to construct and operate a new municipal solid waste facility in Caldwell County.

  • Hogue v. State of Texas

    Publication Date: 2021-08-09
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Horton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 09-19-00234-CR

    Appellant argued the trial court violated his right to a fair trial under the Sixth Amendment to the United States Constitution and under Article I, Section 10 of the Texas Constitution.

  • Hall et al. v. Hill

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope McGlamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta for other party.
    Case Number: A21A0111

    Court affirms majority of orders addressing procedure regarding estate conservator's exclusive right to represent minor children in a wrongful death action

  • 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