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  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.

  • Richard Nugent and CAO, Inc. v. The Estate Of Janie Baker Ellickson

    Publication Date: 2018-03-19
    Practice Area: Civil Appeals | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Boyce
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-16-00839-CV

    Appellants entered into an agreement with a 71 year old homeowner to sell her house and she later signed a durable power of attorney in favor of appellant.

  • ACE Partners LLC v. Town of East Hartford,

    Publication Date: 2018-03-06
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Second Circuit
    Judge: Circuit Judge Renna Raggi
    Attorneys: For plaintiff: For Plaintiff-Appellee: James R. Smart, Rory M. Farrell, on the brief, Daniel J. Klau, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Hartford, Connecticut.
    for defendant: For Defendants-Appellants: Katherine E. Rule, on the brief, Thomas R. Gerarde, Howd & Ludorf, LLC, Hartford, Connecticut.
    Case Number: 14-3831-cv

    Connecticut Law Does Not Afford Pawn Shop's Operator a Constitutionally Protected Property

  • USA v. Herrold

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Higginbotham
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-11317

    Because of three past convictions, including two for burglary, Herrolds sentence for possession of a firearm by a felon was enhanced under the Armed Career Criminal Act.

  • Patterson v. Van Arsdel

    Publication Date: 2018-02-26
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Ninth Circuit
    Judge: Justice Fletcher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 15-35838

    Court officer not entitled to absolute prosecutorial immunity for alleged misconduct in obtaining arrest warrant

  • Salas v. Total Air

    Publication Date: 2018-02-26
    Practice Area: Damages | Employment Litigation
    Industry: Construction
    Court: Court of Appeals
    Judge: Justice McClure
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-15-00383-CV

    While still employed by appellee's heating and air conditioning business, appellant started his own competing business and completed multiple jobs.

  • Trois v. Apple Tree

    Publication Date: 2018-02-19
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Stewart
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-51414

    Trois, a Texas-based collector of guns, artwork and other items, sued defendants, an Ohio auction center and its owner, for breach of contract and alleged misrepresentations made during the sale of products.

  • Deutsch v. Annis

    Publication Date: 2018-02-19
    Practice Area: Civil Procedure
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Reavley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-50231

    Deutsch, a paraplegic who relies on a wheelchair, filed 385 separate suits under the Americans with Disabilities Act, alleging that the defendants did not have the required number of ADA parking spaces, lacked access ramps or otherwise violated the statute.

  • Williamson v. Howard

    Publication Date: 2018-02-12
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Rodriguez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-13-00309-CV

    Appellant, a tenant of a trailer park, brought a pro se suit in the Justice of the Peace Court asserting violations of the Texas Deceptive Trade Practices Act (DPTA), the Texas Property Code, and fraud against appellants after they decided to sell the property.