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May 3, 2021 | Daily Report Online

Minority Bars Rally Resources for Judicial Diversity in Georgia

"If the person at the top lets those below him know that he's interested in diversity on the bench and wants to close the gap, then it will happen," said Georgia Court of Appeals Justice Herbert Phipps.

1 minute read

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