Filter This View

  • Bowers v. CSX Transportation, Inc.

    Publication Date: 2023-12-08
    Practice Area: Toxic Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, Randolph Mayer, (Mayer & Harper LLP), Atlanta, Shawn Ricci, (Marc J. Bern & Partners, LLP), Conshohocken, for appellant.
    for defendant: Michael Loebl, Sonja Tate, (Fulcher Hagler LLP), Augusta, Frank Gordon, (Millberg Gordon Stewart PLLC), Raleigh, for appellee.
    Case Number: A23A0839

    Court affirms exclusion of expert testimony and grant of summary judgment in favor of an employer in a FELA lung cancer case, finding that the testimony speculated and did not establish causation

  • WW3 Ventures, LLC v. The Bank of New York Mellon As Successor Trustee Under Novastar Mortgage Funding Trust Series 2006-2

    Publication Date: 2023-12-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellant.
    for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee; James Blum, (Blum & Campbell, LLC), Peachtree Corners, for other party.
    Case Number: A23A0719

    Court affirms that a bidder for a lien on property took title to the property subject to a mortgagor's security interest where security deed did not include a witness attestation

  • Felts et al. v. Thaxton

    Publication Date: 2023-11-30
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Huestis, Amy BeMent, (Blasingame Burch Garrard & Ashley, PC), Athens, for appellant.
    for defendant: Thomas Camp, (Attorney at Law), Athens, Susanne Burton, Lexington, for appellee.
    Case Number: A23A0662

    Court affirms in part and reverses in part a directed verdict against a party's challenge to an annuity beneficiary change, finding that the jury should evaluate an undue influence claim

  • State v. Scott

    Publication Date: 2023-11-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Fani Willis, Kevin Armstrong, Virginia Davis, (Fulton County District Attorney’s Office), Atlanta, for appellant.
    for defendant: F. Rockwell, (Attorney at Law), Atlanta, Mark Yurachek, (The Law Offices of Mark Allen Yurachek & Associate), Atlanta, for appellee.
    Case Number: A23A0844

    Court dismisses State's appeal where trial court entered a shorter sentence than the State had negotiated, concluding that it lacked jurisdiction to hear the State's appeal

  • Temples et al. v. Hitson

    Publication Date: 2023-11-28
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Meredith Lowry, (Lowry Law, LLC), Blue Ridge for appellant.
    for defendant: Larry Mayfield, (Smith, Welch, Webb & White, LLC), Barnesville, for appellee.
    Case Number: A23A1072

    Court reverses dismissal of lawsuit against a defendant who had died after its filing because no suggestion of death had been served on a nonparty representative to enable substitution of a party

  • In re Bruni

    Publication Date: 2023-11-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, James Morton, (Attorney at Law), Atlanta,for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee; Mercedes Murrell, (Attorney at Law), Atlanta, for other party.
    Case Number: A23A1099

    Court dismisses appeal to conservatorship orders because it lacked jurisdiction, given that the orders were not final and proceedings remained pending. In the probate court

  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • Craw v. The State

    Publication Date: 2023-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A1077

    Court affirms convictions for voluntary manslaughter and other crimes over defendant's contentions of insufficient evidence and jury instruction error

  • Ford Motor Company v. Cosper

    Publication Date: 2023-10-11
    Practice Area: Products Liability
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Philip Andrew Henderson, Michael Roger Boorman, (Watson Spence LLP), Atlanta, Paul Frederich Malek, D. Alan Thomas, (Huie, Fernambucq & Stewart, LLP), Birmingham, Michael W. Eady, (Thompson Coe Cousins & Irons, LLP), Austin, Timothy M Andrews, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Nathan Riggs Nicholson, Matthew Evan Cook, Kate Sievert Cook, Robert Harold Childres, III, (Cook Law Group, LLC), Gainesville, C. Tab Turner, Damon C. Singleton, (Turner & Associates, P.A.), North Little Rock, David Hogue, (Hogue Law Firm, PLLC), Fayetteville, Jonathan Andrew Parrish, (The Parrish Law Firm, LLC), Atlanta, for appellee; Robert Henry Snyder, Jr., Tedra L. Cannella, (Canella Snyder LLC), Atlanta, Alyssa Bernadette Baskam, (Beasley, Allen, Crow, Methvin, Portis & Miles, PC.), Atlanta, Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, for Amicus Appellee.
    Case Number: S23Q0625

    Reckless conduct under OCGA §51-1-11(c), as newly defined by the Court, is a standalone exception to the 10-year statute of repose in OCGA §51-1-11(b)(2).

  • October 3, 2023 | Daily Report Online

    Ga. Appellate Court Holds There's No Exception for Deadline Confusion—Even During the Pandemic

    "When we were in the midst of COVID, every case was different," said defendant-appellee counsel. "In all candor, I never was sure if I was calculating the deadlines correctly."

    4 minute read