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  • Whalen v. McElroy

    Publication Date: 2021-05-05
    Practice Area: Real Estate
    Industry:
    Court: Supreme Court, Westchester
    Judge: Justice Terry Jane Ruderman
    Attorneys: For plaintiff: For Plaintiff: Jerold Craig Rotbard, Esq., Harold, Salant Strassfield & Spielberg, White Plains, NY.
    for defendant: For Defendant: Jacob E Amir, Esq., Smith Buss & Jacobs LLP, Yonkers, NY.
    Case Number: 60253/2020

    Ex-Fiance Sufficiently States Claims for Constructive Trust and Unjust Enrichment

  • U.S. Bank Trust N.A. v. Padilla

    Publication Date: 2021-05-04
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Supreme Court, Suffolk
    Judge: Justice Thomas Whelan
    Attorneys: For plaintiff: Attorneys for Plaintiff: Stern & Eisenberg, Esqs., Iselin, NJ.
    for defendant: Referee: Frank Schellace, Esq., Westbury, NY.
    Case Number: 600172/18

    Referee's Refusal to Submit Paperwork Absent Added Unauthorized Fees Referred to IG

  • Rasolli Footwear Corp. v. COD Capital Corp.

    Publication Date: 2021-04-29
    Practice Area: Contractual Disputes
    Industry:
    Court: Supreme Court, New York
    Judge: Justice John Kelley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 655554/2017

    Parties' Conduct Not Willful, Contumacious; Parties Denied Motion, Cross-Motion, Sanctions

  • Pindling v. The State

    Publication Date: 2021-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: William Jerles, (Daniel, Lawson, Tuggle & Jerles, LLP), Perry, for appellee. Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Catherine Harris Helms, Bradfield M. Shealy, Michelle Thomas Harrison, (Southern Judicial Circuit District Attorney's Office), Valdosta, for other party.
    Case Number: S21A0084

    Trial Court's Failure to Instruct Jury That Accomplice Testimony Must Be Corroborated Was Plain Error

  • In the Matter of Jason Lee Van Dyke.

    Publication Date: 2021-04-28
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Van Hearnburg, Jr., Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Jason Lee Van Dyke, (The Van Dyke Law Firm), Decatur, for appellee. Herman Maddox Kilgore, (Kilgore & Rodriguez LLC), Marietta, Daniel S. Reinhardt, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for other party.
    Case Number: S20Y0631

    Court rejects attorney's second petition for voluntary discipline due to inadequate and incomplete findings of fact in that petition

  • In the Matter of Joseph Harold Turner, Jr. (two cases).

    Publication Date: 2021-04-28
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Joseph Harold Turner, Jr., (Joseph H. Turner Jr., P. C.), Tucker, for appellee.
    Case Number: S20Y0947

    Disbarment Appropriate Discipline Following Attorney's Misappropriation of Client Funds And Failure to Respond to Investigation

  • In the Matter of Edward Shuff Cook.

    Publication Date: 2021-04-28
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morri, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Kathryn S. Whitlock, (Hawkins Parnell & Young LLP), Atlanta, for appellee. Herman Maddox Kilgore, (Kilgore & Rodriguez LLC), Marietta, Anthony B. Askew, (Chair, Review Panel), Atlanta, Bridget B. Bagley, Atlanta, Bryan Andrew Downs, (Wilson, Morton & Downs, LLC), Decatur, for other party.
    Case Number: S20Y1501

    Public Reprimand Appropriate Discipline For Attorney Who Repeatedly Withdrew Trust Funds Before Settlement Funds Were Deposited

  • Hager v. M&K Constr.

    Publication Date: 2021-04-26
    Practice Area: Employment Compliance
    Industry: Construction
    Court: New Jersey Supreme Court
    Judge: Justice Solomon
    Attorneys: For plaintiff: Matthew Gitterman (Biancamano & DiStefano, attorneys; James E. Santomauro, on the brief)
    for defendant: Victor B. Matthews (Victor B. Matthews, on the brief)
    Case Number: A-64-19 (084045)

    Employer Was Not Exempted by Federal Law from Providing Workers' Comp for Medical Marijuana Treatment

  • 98 Gates Ave. Corp. v. Bryan Jr.

    Publication Date: 2021-04-26
    Practice Area: Contractual Disputes
    Industry:
    Court: Supreme Court, Kings
    Judge: Justice Debra Silber
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 504940/2020

    Doctrine of Caveat Emptor Bars Plaintiff From Maintaining Contract Breach, Fraud Action

  • Farmers Group v. Geter

    Publication Date: 2021-04-26
    Practice Area: Civil Appeals | Insurance Law | Insurance Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Blacklock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0996

    An insurance company, that was being sued for refusing to renew a policy in 2001, successfully appealed rulings that the decision to non-renew the policy was tortious.