• Emery v. Guarantee Trust Life Insurance Company

    Publication Date: 2021-02-16
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Matthew Dominick, (Matthew W. Dominick, PC), Cumming, for appellant.
    for defendant: Joelle Sharman, John Rose, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee. Daniel Parr, (Weaver Law Firm), Gainesville, for other party.

    Case Number: A20A2082

    Court affirms summary judgment for insurer where it paid a death benefit to the person whose name appeared on a change form, notwithstanding suggestions of fraud

  • Atlantic Specialty Insurance Company v. City of College Park et al.

    Publication Date: 2020-12-14
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Seth Friedman, Christopher Meeks, (Lewis Brisbois Bisgaard and Smith), Atlanta, for appellant.
    for defendant: Karen Woodward, (Cruser & Mitchell, LLP), Norcross, Alwyn Fredericks, (Attorney at Law), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, for appellee. Reginald McClendon, (Lister & Holt, LLC), Jonesboro, Alisha Wyatt-Bullman, (City of Atlanta Law Department), Atlanta, for Other party.

    Case Number: A20A1104

    Court affirms higher $5 million liability insurance limit in wrongful death action against a city and rejects insurer's argument for a lower limit per contractual exclusion

  • Lambeth et al. v. Three Lakes Corporation

    Publication Date: 2020-12-11
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: William Strickland, (Strickland & Schwartz, LLC), Atlanta, for appellee.

    Case Number: A20A0897

    Court reverses summary judgment order that dismissed homeowners' complaint against a homeowner's corporation that failed to maintain and repair property.

  • November 3, 2020 | Daily Report Online

    Appeals Court Affirms City's $5M Insurance Coverage Overrides Sovereign Immunity Claims

    Sued after three innocent people died during a police chase, College Park's insurer argued that its $5 million policy coverage was limited to $700,000 by sovereign immunity.

    1 minute read

  • Holman et al. v. Glen Abbey Homeowners Association, Inc. et al.

    Publication Date: 2020-08-20
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Jason LoMonaco, (NowackHoward, LLC), Atlanta, Martin Shelton, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: Jason LoMonaco, (NowackHoward, LLC), Atlanta, for appellee.

    Case Number: A20A0895

    Attempt by a subgroup of owners of lakeside lots in an Association to pass lake repair costs to all members was declared invalid

  • July 30, 2020 | Daily Report Online

    Appeals Court Sinks Lakefront Dwellers' Demand That HOA Foot $1.9M Repair Bill

    Sixteen lakefront homeowners in Alpharetta's Glen Abbey subdivision are trying to shift responsibility for more than $1.9 million in repairs to the lake and dam to their 535-member HOA.

    1 minute read

  • April 24, 2020 | Daily Report Online

    Food Frenzy Goals Point to More Work in Final Week

    Food banks can turn a $10 donation into $80 worth of food.

    1 minute read

  • Gervin et al. v. The Retail Property Trust

    Publication Date: 2020-03-31
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yinka Omole, (Attorney at Law), Atlanta, for appellant.
    for defendant: Ronald Masterson, Victoria Waller, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.

    Case Number: A19A2234

    Premises Liability Plaintiffs' Claims Are Barred by Prior Traversal Doctrine; Plaintiff Injured by Revolving Glass Door Successfully Used it Twice Before on the Same Day

  • Milliken & Company v. Georgia Power Company

    Publication Date: 2020-03-23
    Practice Area: Contracts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Benjamin Brewton, (Tucker Long, P.C.), Augusta, Malissa Kaufold-Wiggins, Hugh McNatt, (Balch & Bingham LLP), Atlanta, Hugh McNatt, (Balch & Bingham LLP), Vidalia, David Dial, Carol Michel, Thomas Strueber, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellee. David Boone, Simone Siex, Ryals Stone, (Boone & Stone), Atlanta, John Clark, (Clark & Smith Law Firm, PC), Macon, William Stone, (William S. Stone, P.C.), Blakely, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, David Bell, (Law Office of David B. Bell), Augusta, Nicholas Moraitakis, (Moraitakis & Kushel LLP), Atlanta, James Ellison, James Wall, (Wall Ellison LLP), Augusta, James Strawinski, (Strawinski & Stout, P. C.), Atlanta, Jay O'Brien, (Attorney at Law), Atlanta, Jamie Lebovitz, (Nurenberg, Paris, Heller & McCarthy), Cleveland, Steven Ashby, (Ashby Family Law Associates, P.C.), Tucker, Joseph Brown, David Caine, Lucy Tufts, (Cunningham Bounds, LLC), Mobile, Robert Byrd, Audra Byrd, John Wilkerson, (Turner, Padget, Graham & Laney P.A.), Charleston, E. Armstrong, (Law Offices of Alan Armstrong), Atlanta, David Katzman, (Katzman, Lampert & McMlune), Troy, Michael Schroder, (Swift, Currie, McGhee & Hiers), Atlanta, J. Mozley, (Mozley, Finlayson & Loggins), Atlanta, Mark Gropp, (Wasson Sours & Harris, P.C.), Atlanta, William Floyd, Christine Hall, Peter Van Deventer, Douglas Amster, Gene Kaskiw, Douglas McQueen, (Lewis Brisbois Bisgaard & Smith, LLP), Newark, Victoria Carroll, (McMickle Kurey And Branch LLP), Alpharetta, Kenan Loomis, (Cozen O'Connor), Atlanta, for other party.

    Case Number: A17A1706

    Court rules that language in an easement was an indemnification obligation and not just a covenant not to sue

  • Rouse v. City of Atlanta

    Publication Date: 2020-03-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Jason Wright, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.

    Case Number: A19A1737

    Court reverses summary judgment motion that had been entered in the City's favor on a land devaluation claim over a submerged sewage pipe.