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  • Comcast Corporation v. Houston Baseball

    Publication Date: 2021-06-28
    Practice Area: Civil Appeals | Constitutional Law | Litigation
    Industry:
    Court: Court of Appeals
    Judge: Justice Jewell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-20-00043-CV

    After a five-year detour in federal court, appellants challenged the trial court's denial of its Texas Citizens Participation Act motion to dismiss, arguing that the TCPA mandated dismissal because appellee Houston Baseball Partners lacked standing and otherwise failed to present prima facie evidence in support of its claims for fraud, fraudulent inducement, fraud by nondisclosure, negligent misrepresentation, breach of contract and declaratory relief.

  • S. Katzman Produce Inc. v. Yadid

    Publication Date: 2021-06-23
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry: Agriculture
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Amalya Kearse
    Attorneys: For plaintiff: For Plaintiffs-Appellees: McCarron & Diess, Melville, New York, on the brief, Gregory A. Brown, Melville, New York.
    for defendant: For Defendant-Appellant: Ofeck & Heinze, Hackensack, New Jersey, on the brief, Mark F. Heinze, Hackensack, New Jersey.
    Case Number: 19-3540-cv

    Summary Judgment Appropriate Only to $40,000 in PACA Assets Transferred to Bank Account

  • Smith v. State of Texas

    Publication Date: 2021-06-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Trotter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11-19-00222-CR

    A criminal defendant, who was found guilty of solicitation, was unable to prove that the trial court erred in admitting into evidence a video of an officer who was unable to testify at trial.

  • Turner v. State of Texas

    Publication Date: 2021-06-21
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Pedersen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 05-19-01328-CR

    A jury found appellant guilty of continuous sexual abuse of a child under fourteen years of age, and the trial court assessed his punishment at fifty years' confinement and a $1,000 fine.

  • Caruthers et al. v. City of Rochelle, Georgia

    Publication Date: 2021-06-15
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Mitchell McGough, (Mitchel E. McGough Law LLC), Atlanta, for appellant.
    for defendant: Sara Brochstein, Dana Maine, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A0038

    Court affirmed jury verdict for City in a negligence and nuisance case where a decedent fell into a hole dug by City employees on private property

  • Primera v. State of Texas

    Publication Date: 2021-06-14
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Alley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-19-00135-CR

    A jury convicted appellant of possession with intent to deliver a controlled substance, enhanced by a prior felony drug conviction, and sentenced him to 70 years' imprisonment.

  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.
    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • In the interest of CJC

    Publication Date: 2021-05-24
    Practice Area: Civil Appeals | Family Law | Government
    Industry:
    Court: Court of Appeals
    Judge: Justice Williams
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 11-20-00260-CV

    A father, who claimed that the trial court erred in relation to his child-support matter, failed to prove that the trial court did not have the authorization to order post-termination child support.

  • White v. US Corrections

    Publication Date: 2021-05-24
    Practice Area: Civil Appeals | Employment Litigation
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-51074

    Appellant filed suit on behalf of herself and other employees against U.S. Corrections, her former employer and two other entities, alleging an overtime-pay claim and a recordkeeping claim under the Fair Labor Standards Act.

  • Apache v. Castex Offshore

    Publication Date: 2021-05-24
    Practice Area: Civil Appeals | Contractual Disputes | Energy and Natural Resources
    Industry:
    Court: Court of Appeals
    Judge: Justice Christopher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-19-00605-CV

    The parties entered into several joint operating agreements, one of which involved the expansion of a natural gas processing facility and another involved drilling a well.