• First Communities Management, Inc. v. Tearria Byrd

    Publication Date: 2024-12-10
    Practice Area: Landlord Tenant Law | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Galloway, Ronald Masterson, Michael DiOrio, Brittany DeDiego, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Michael Rafi, Alan Stagmeier, Alexander Brown, (Rafi Law Firm LLC), Atlanta, for appellee; Austin Atkinson, Pearson Cunningham, (Hall Booth Smith), Atlanta, for AM.

    Case Number: A24A0937

    Court affirms that exculpatory clauses in leases purporting to waive landlord liability for third party criminal acts are void and unenforceable as against public policy

  • Dixie Amusement, LLC v. Primero Games, LLC

    Publication Date: 2024-11-08
    Practice Area: Contracts
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Kushner, Ethan Knott, (Fellows LaBriola LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, (Tesla, Inc.), Washington, Elizabeth Scherer, (Fox Rothschild LLP), Raleigh, Keith Kodosky, Ronald Masterson, Cameron Mobley, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.

    Case Number: A24A1103

    Court vacates ruling in a breach of contract business dispute over contract terms of sale and whether those terms materially altered a contract under UCC Section 2-207

  • November 5, 2024 | Daily Report Online

    State Appeals Court 'Reluctantly' Remands $1.7B Punitive Damages, Sanctions Against Ford for Fatal Rollover

    The sanctions came in response to Ford's alleged attempts to reach a "compromise verdict," and force a mistrial for products liability claims. However, those sanctions "almost completely prevented Ford from presenting a defense as to liability," according to Appellate Judge M. Yvette Miller.

    8 minute read

  • L'Oreal USA, Inc. et al. v. Burroughs

    Publication Date: 2024-07-29
    Practice Area: Personal Injury | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Leslie Eason, (Barnes & Thornburg LLP), Atlanta, Dennis Ellis, Katherine Murray, Nicholas Begakis, (Ellis George Cipollone O’Brien Annaguey LLP), Los Angeles, David Clarke, (Gordon Rees Scully Mansukhani LLP), Atlanta, for appellant.
    for defendant: Nkosi Bey, (Bey & Associates, LLC), Atlanta, Elizabeth Stone, Darren Summerville, Alison Currie, (The Summerville Firm, LLC), Atlanta, Tina Bullock, (Bullock Ward Mason), Acworth, Danielle Mason, (Bullock Ward Mason), Atlanta, for appellee; Mark Johnson, (Gilbert, Harrell, Sumerford & Martin, P. C.), Brunswick, Lori Leskin, (Arnold & Porter), Newyork, Leah Schultz, (Arnold & Porter), Houston, Rhonda Trotter, (Arnold & Porter), Houston, Ronald Masterson, Candis Jones, (Lewis, Brisbois, Bisgaard & Smith LLP), Atlanta, Donna Welch, (Kirkland & Ellis LLP), Chicago, Sierra Elizabeth, (Kirkland & Ellis LLP), Los Angeles, for other party.

    Case Number: A24A0313

    Court addresses statute of repose and preemption issues and affirms in part, reverses in part, and remands product liability and fraud claims in chemical hair relaxer product liability case

  • Barrett, as Administrator of the Estate of Lizzie Curry v. Farrior et al.

    Publication Date: 2024-07-08
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Dozier, James Tuggle, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: Ronald Masterson, Candis Jones, Kyrie Chandler, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Candis Jones, Kyrie Chandler, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.

    Case Number: A24A0222

    Court reverses summary judgment in vehicle collision case, allowing claims against driver and insurer to proceed due to factual disputes over negligence and right of way

  • May 14, 2024 | Daily Report Online

    Intermediate Court Weighs Apartment Complex Ability to Waive Security Requirements

    'It's one thing [for an apartment complex] to say we can't be your insurer, it's another thing to say 'We're not doing anything [to provide security].' That seems to be a very extraordinary thing and that concerns me," said Presiding Judge Stephen Dillard.

    5 minute read

  • May 10, 2024 | Daily Report Online

    'Incredibly Unsafe'? Plaintiffs Warn of Possible Adverse Impacts in Upcoming Premises Liability Appeal

    The defense, however, has said the exculpatory provisions in a lease and a crime addendum to "are not contrary to public policy."

    4 minute read

  • October 26, 2023 | Law.com

    Prohibition Suit Targets AG/Ohio Legalization Vote/Georgia Licensing Suit/Ascend's Top Lawyer

    Ohio voters will go to the polls next month to decide whether adult-use marijuana should be legal. But the Legislature will have the last word in determining what any legalization law looks like.

    10 minute read

  • August 28, 2023 | Daily Report Online

    Defendants in Contested $11M Default Judgment Appeal Case to Ga. Supreme Court

    "We don't think it's going to go anywhere, because the trial judge already rejected their other arguments," plaintiff-appellee counsel said. "Obviously, the defense doesn't either, or they wouldn't be trying to take it to the Supreme Court.

    5 minute read

  • Samsung Electronics America, Inc. v. Brewer

    Publication Date: 2023-08-18
    Practice Area: Civil Procedure | Personal Injury
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Odom, (Greenberg Traurig, LLP), Atlanta, Robert Hughes, (Rahimi Hughes & Padgett, LLC), Savannah, James Doyle, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Harold Melton, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Quentin Marlin, (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: William Hunter, Patrick O’Connor, George Major, Irving Drought, (Oliver Maner, LLP), Savannah, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellee.

    Case Number: A23A0452

    Court vacates order granting a motion to set aside a default judgment and remands for application of proper legal standard and assessment of movant's burden of proof