• City of Winder v. Barrow County

    Publication Date: 2024-04-01
    Practice Area: Government
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Andrew (Andy) J. Welch, III, Warren Michael Tillery, Brandon Filson Palmer, Grant E. McBride, John Elwin Stell, Jr., (Smith, Welch, Webb & White LLC), McDonough, Harold David Melton, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellant.
    for defendant: Angela Edwards Davis, Gregory Aaron Meyer, (Jarrard & Davis, LLP), Atlanta, for appellee; Rusi Chandrashkhar Patel, Ryan Robert Bowersox, Kevin H. Jeselnik, (Georgia Municipal Association), Atlanta, Quinton G. Washington, David N. Dreyer, (Washington Dreyer & Associates, LLC), Atlanta, Keith Robert Blackwell, (Alston & Bird LLP), Atlanta, for Amicus Appellant; Jeffrey Shelton Akins, (Bulloch County Board of Commissioners), Statesboro, Joy Lynn Edelberg, (Horne & Edelberg P.C.), Dahlonega, Patrick DeBorde Jaugstetter, Kenneth Edward Jarrard, (Jarrard & Davis, LLP), Cumming, Lawrence Allyn Stockton, Jr., (Stockton & Stockton, LLC), Clayton, Michael Peter Ludwiczak, David D. Gottlieb, (Walker County, Georgia Government), Lafayette, Nancy Ladson Rowan, (Squire Patton Boggs (US) LLP), Atlanta, Walter Gus Elliott, II, (Elliott Blackburn PC), Valdosta, Larry Wayne Ramsey, Jr., G. Joseph Scheuer, (Association County Commissioners of Georgia), Atlanta, for Amicus Appellee; Ernest Ronald Bennett, Jr., (Carothers & Mitchell, LLC), Buford, Jody Charles Campbell, (Blum & Campbell, LLC), Peachtree Corners, Gregory David Jay, (Chandler, Britt, Jay & Beck, LLC), Buford, Robert Jackson Wilson, (Webb Tanner Powell Mertz & Wilson LLP), Lawrenceville, Kenneth James Lewis, (Lewis LAW), Winder, for other party.

    Case Number: S23G0341

    Court clarifies aspects of the Services Delivery Strategy Act in disputes between municipalities and a county, with specific focus on road maintenance and water utility fees for unincorporated areas

  • March 27, 2024 | Daily Report Online

    Judges Weigh Appeal in Ruling to Affect Property Owners All Over State of Georgia

    "I feel like I'm going to win the case, but can I get the Court of Appeals to say maybe this 'substantial or material interferences' [case law] is a slippery slope we might not want to keep sliding on?" said plaintiff-appellee counsel Michael Cummings.

    4 minute read

  • In re Estate of Anne Smith Florance, Deceased

    Publication Date: 2024-03-21
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, Valerie Mincey, Chipley, Desiree Polmear, Tampa, Melanie Allen, Panama City, for appellee.

    Case Number: A23A1491

    Court reverses trial court decision that had denied a motion to reject a niece's standing to contest a will, finding that she had no pecuniary interest in the decedent's estate and therefore had no standing

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.

    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need

  • Premier Pediatric Providers, LLC v. Kenne-Saw Pediatrics, P.C.

    Publication Date: 2024-03-19
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Keith Robert Blackwell, Mark David Boyer, II, (Alston & Bird LLP), Atlanta, Bennie Davis Butler, Jr., (Butler Mersereau LLP), Alpharetta, for appellant.
    for defendant: Harold David Melton, Michael Gregory Foo, (Troutman Pepper Hamilton Sanders LLP), Atlanta, David Gregory Michell, James Marx Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellee.

    Case Number: S23G0263

    Court vacates dismissal of an appeal that was granted on procedural grounds over delayed filing of a trial transcript and clarifies appellate review standards in transcript delay appeal dismissals

  • February 21, 2024 | Daily Report Online

    Vacated on Appeal: Ruling Clarifies Standard of Review

    "'Competent substantial evidence' is a deferential [standard] that does not permit the commissioner to reweigh the evidence, judge the credibility of witnesses, or substitute his judgment on factual issues for that of the hearing officer based on the commissioner's expertise," read the Supreme Court of Georgia opinion.

    7 minute read

  • February 1, 2024 | Law.com

    Interstate Sales Suit Dies / More Licensing Suits / An IP Attorney Returns to Alston & Bird / Weed in the Workplace Suits

    An Oregon cannabis wholesaler dropped its lawsuit challenging a state ban on interstate sales, marking another recent loss for Dormant Commerce Clause arguments.

    11 minute read

  • December 21, 2023 | Litigation Daily

    Encore! One Last Look at 2023's Litigators of the Week

    With one more LOTW set to be named tomorrow, a familiar firm has already clinched the most top spots for the year.

    16 minute read

  • Appellate Division, Second Department: November 28, 2023

    Publication Date: 2023-11-28
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department, Hand Down List
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:

    Case Number: DOCKET

    Handdown List released on:November 22, 2023

  • Hansford v. Veal et al.

    Publication Date: 2023-11-22
    Practice Area: Business Torts | Civil Procedure | Contractual Disputes
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Philip Eichelzer, (The Law Offices of P. Kent Eichelzer, III), Woodstock, for appellant.
    for defendant: John Nichols, John Kennedy, (James Bates Brannan Groover, LLP), Macon, for appellee.

    Case Number: A23A0836

    RICO Defendant Could Not Dispute Civil Liability Following Default Judgment