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  • Ruth et al. v. Cherokee Funding, LLC et al.

    Publication Date: 2018-11-09
    Practice Area: Banking and Finance Laws
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: James Darren Summerville, Angela Rene Fox, (The Summerville Firm, LLC), Atlanta, Jeremy Springer McKenzie, Christopher Dorian Britt, (Karsman, McKenzie & Hart), Savannah, Robert Bartley Turner, Kathryn Hughes Pinckney, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Laurie Webb Daniel, Matthew D. Friedlander, (Holland & Knight, LLP), Atlanta, Bradley Mitchell Harmon, Allan Charles Galis, (Hunter Maclean Exley & Dunn, P.C.), Savannah, Geoffrey H. Bracken, Scott D. Ellis, (Gardere Wynne Sewell, LLP), Houston, for appellee. Ean Kade Cullefer, (Georgia Chamber of Commerce), Atlanta, for amicus appellant. Jeremy Lynn Kidd, (Mercer University School of Law), Macon, Thomas Darrell Weldon, Jr. (Weldon Law Firm), Ringgold, for amicus appellee. Douglas Edward Herman, Thomas Lawrence Evans, (Oliver Maner, LLP), Savannah, for other party.
    Case Number: S17G2021

    Financing arrangement did not come under the purview of the Industrial Loan Act or the Payday Lending Act

  • State Of Texas v. Harper

    Publication Date: 2018-07-09
    Practice Area: Constitutional Law | Government
    Industry:
    Court: Supreme Court
    Judge: Justice Brown
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-0647

    A county resident sought to remove a county official from office for incompetency under a Texas removal statute.

  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.
    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.

  • Reis et al. v. Ooida Risk Retention Group, Inc.

    Publication Date: 2018-05-25
    Practice Area: Civil Procedure | Constitutional Law | Insurance Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Daniel C. Jason (Jason & Bradley LLC), Stone Mountain, for appellant.
    for defendant: Zach M. Matthews, Scott Wayne McMickle (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee. Susan Joy Levy, Henry Lee Pruett (Levy & Pruett), Decatur, for amicus appellee.
    Case Number: S18A0505

    The trial court properly granted summary judgment to defendant risk retention group in a direct action against it because provisions in the federal Liability Risk Retention Act of 1986 preempt Georgias motor carrier and insurance carrier direct action statutes in regard to risk retention groups, thereby precluding the direct action at issue.

  • Willacy County v. Sebastian

    Publication Date: 2018-05-07
    Practice Area: Tax
    Industry:
    Court: Supreme Court
    Judge: Justice Green
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-0626

    Based upon Sebastains representation that it owned the grain stored on its property, the county listed Sebastain as the owner on its 2009 appraisal roll.

  • Alamo Heights v. Clark

    Publication Date: 2018-04-16
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Guzman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-0244

    After Alamo Heights terminated the employment of Clark, a coach and physical education teacher, she sued, asserting sexual-harassment and retaliation claims under the Texas Commission of Human Rights Act.

  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.

  • Shelley v. Town of Tyrone

    Publication Date: 2017-11-06
    Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.
    Case Number: S17A1064

    The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.

  • Ind. 3638/13 _________x THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- TRAVIS TELESFORD, Defendant-Appellant

    Publication Date: 2017-03-17
    Practice Area:
    Industry:
    Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    Judge: Tom, J.P., Renwick, Manzanet-Daniels, Gische, Webber, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1911-12

    1911-12 Ind. 3638/13 _________x THE PEOPLE OF THE STATE OF NEW YORK, Respo -against- TRAVIS TELESFORD, Defendant-Appellant.- - - - -The People of the State of New York, Respo

  • PEOPLE, ETC., res, v. OMAR XOCHIMITL, ap

    Publication Date: 2017-02-03
    Practice Area:
    Industry:
    Court: SUPREME COURT, APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT
    Judge: Dillon, J.P.; Chambers, Barros and Brathwaite Nelson, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number:

    PEOPLE, ETC., res, v. OMAR XOCHIMITL, ap — (IND. NO. 2537/10)Lynn W. L. Fahey, New York, NY (Dina Zloczower of counsel), for appellant.Eric Gonzalez, Acting District Att