• December 11, 2017 | Law.com

    Critical Mass: Bristol-Myers Falls Flat in Philly. Plus Quoting Shakespeare andRaising Hell

    Bristol-Myers Blues: There is one place where the U.S. Supreme Court decision in Bristol-Myers has not been a game-changer for the defense bar: Philadelphia--a hub for mass torts, particularly in pharmaceuticals and medical devices--where a judge has refused to dismiss all but one of about 120 pelvic mesh lawsuits filed against Johnson & Johnson's Ethicon unit based on the U.S. Supreme Court's Bristol-Myers Squibb v. Superior Court decision.

    1 minute read

  • Avery et al. v. Paulding County Airport Authority et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Transportation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.

    Case Number: A17A0849

    The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.

  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.

  • Jones et al. v. Peach Trader Inc., et al.

    Publication Date: 2017-11-29
    Practice Area: Civil Appeals
    Industry: Distribution and Wholesale
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: David A. Powell (Law Office of David A. Powell), Gainesville, for appellant.
    for defendant: Teresa E. Adams (Adams Law LLC), Atlanta, for appellee.

    Case Number: S17A1314

    The Georgia Supreme Court vacated the trial courts order dismissing defendants' initial notice of appeal from an order modifying an existing interlocutory injunction and dismissed the appeal because an order modifying or dissolving an interlocutory injunction is not subject to direct appeal under O.C.G.A. § 5-6-34 subsection(a) (4).

  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.

    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.

    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Glenn v. The State

    Publication Date: 2017-11-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston, Anna Green Cross (Dekalb County District Attorneys Office), Decatur; Harry Steven Ruth (Office of the District Attorney), Decatur, for appellee.

    Case Number: S17A0858

    The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.

  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.

  • October 2, 2017 | National Law Journal

    Litigators Take Center Stage in Our October Issue

    The 20 lawyers spotlighted in this year's Winning Litigators special report fought high-stakes battles in court and emerged victorious for clients across the globe. They did so through relentless preparation, adaptability and skill.

    1 minute read

  • July 24, 2017 |

    Key Safety Systems, Inc. v. AIG Specialty Ins. Co.

    Click Here for FC&S Expert Legal AnalysisKey Safety Sys. v. AIG Specialty Ins. Co.United States District Court for the Eastern District of Michigan,…

    1 minute read