86 results for 'judge:"McFadden"'.
J. McFadden finds that the trial court properly convicted defendant of incest and statutory rape. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in meeting with him in person only three times, not seeking a continuance to secure testimony from two witnesses and failing to file a special demurrer. The evidence of defendant's guilt was strong and included DNA evidence that defendant fathered his daughter's child when she was under the age of 16. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 14, 2023, Case #: A23A1377, Categories: Ineffective Assistance, Sex Offender
J. McFadden finds that the trial court improperly convicted defendant of forgery and making a false statement. The trial court incorrectly removed a juror and replaced her with an alternate after the jury deadlocked during deliberations. The trial court's inquiry into whether or not the juror was participating in deliberations did not elicit adequate facts to allow for removal. The record does not show that the juror completely refused to deliberate or that the trial court questioned the juror about whether she stopped deliberating due to concerns about a co-defendant's mental state. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: December 11, 2023, Case #: A23A1278, Categories: Jury, Forgery
J. McFadden finds that the trial court improperly dismissed the homeowner's wrongful foreclosure claim against the bank arising from the bank's alleged failure to send a foreclosure notice before foreclosing on the homeowner's property. However, the trial court properly dismissed the unfair business practices, emotional distress and invasion of privacy action against the bank and the new owner in all other respects due to the homeowner's failure to state a claim upon which relief could be granted. The trial court correctly dismissed the homeowner's claims against the new owner due to improper service of process. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: November 29, 2023, Case #: A23A1266, Categories: Foreclosure
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J. McFadden denies, in part, the Attorney General's motion to dismiss a special agent's employment discrimination action. She sufficiently alleges her claims for claims for hostile work environment, failure to accommodate and retaliation.
Court: USDC District of Columbia, Judge: McFadden, Filed On: November 21, 2023, Case #: 1:22cv3802, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. McFadden finds that the trial court improperly denied the company's petition seeking the return of business records, currency and delta-8-THC and delta-10-THC products seized from the company's warehouse pursuant to a search warrant. The warrant was issued based on a police officer's affidavit that the company violated a statute prohibiting possession of a controlled substance with intent to distribute by having and selling products containing delta-8-THC and delta-10-THC. The warrant was not supported by probable cause because delta-8-THC and delta-10-THC are not controlled substances. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: November 2, 2023, Case #: A23A0842, Categories: Search
J. McFadden finds that the trial court improperly ruled in favor of the homeowner's association and incorrectly denied the association members' motion for summary judgment in a declaratory and injunctive relief action brought by the members. The members alleged that the association failed to abide by its governing documents by allowing a non-member to serve as a director and by imposing a quorum requirement on director elections. The documents governing the association have an eligibility requirement barring non-members from serving on the board of directors. Neither the documents nor the statutes require a quorum for director elections. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 24, 2023, Case #: A23A0868, Categories: Injunction
J. McFadden finds that the trial court improperly awarded $130,000 in damages to the landowners in a negligence and trespass action against the county alleging that the county's streets and storm water system cause excessive amounts of storm water to collect and discharge through a pipe onto their property. The trial court incorrectly awarded the landowners attorney fees as well as damages for harm incurred after the landowners' presentation of their ante litem notice. The trial court also improperly found the county liable for damages under the landowners' theory of adverse possession because the landowners failed to show that the county obtained a prescriptive easement in the pipe. However, the trial court properly granted an injunction enjoining the county from maintaining a defective storm water drainage system that causes damage to the landowners' property. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 23, 2023, Case #: A23A0774, Categories: Damages, Negligence, Attorney Fees
J. McFadden finds that the trial court improperly ruled in favor of the homeless shelter operator and executive director in a premises liability and breach of contract action brought by the individual arising after she was falsely imprisoned and raped by a fellow shelter resident. The individual presented evidence showing that the shelter could have foreseen the incident, including evidence that many shelter residents were recently released felons and that the shelter had no security on the premises. The individual also presented evidence showing that the shelter's failure to provide security was a proximate cause of her injuries. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 23, 2023, Case #: A23A1009, Categories: Premises Liability, Contract
J. McFadden finds that the trial court improperly ruled in favor of the companies on their declaratory judgment and breach of contract claims against the insurer in an action arising after the insurer determined a tractor involved in a collision was not included under the policy's uninsured/underinsured motorist coverage. The policy unambiguously does not provide the claimed coverage. The tractor is not listed on the schedule of covered autos and is not required by law to have liability insurance coverage. The trial court also incorrectly denied the insurer's cross-motion for summary judgment because the companies failed to show that any issue of fact exists as to their claim against the insurer for negligent procurement of insurance. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 20, 2023, Case #: A23A1161, Categories: Insurance, Contract
J. McFadden finds that the trial court improperly ruled in favor of the transportation department, city and city employees on the buyer's breach of contract claim arising after the department said it would rescind its acceptance of the buyer's bid to buy a property. The buyer had a binding contract with the department when it received written notice of the department's decision to accept the buyer's offer as the highest bid. The buyer's move to make changes to the unsigned deed did not constitute a counter-offer. A genuine issue of fact also exists as to whether the department abandoned the sale. However, the trial court correctly found in favor of the company on the buyer's claim for tortious interference with business relations. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 20, 2023, Case #: A23A0751, Categories: Property, Contract
[Consolidated.] J. McFadden finds that the trial court improperly granted interlocutory injunctions in favor of the employer in a breach of contract action against the former employees alleging that they violated non-compete and other restrictive agreements. The Fulton County trial court was not the correct venue for issuing injunctive relief. Neither employee lives in Fulton County and the forum selection clause on which the employer relied is unenforceable. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 19, 2023, Case #: A23A0674, Categories: Employment, Contract, Injunction
J. McFadden finds that the trial court properly ruled in favor of the firm and the attorney in a negligence action brought by the conservator alleging that the firm and attorney breached their duty to the ward in a real estate transaction by failing to ensure that a quitclaim deed did not convey more property than the ward had intended. Neither the firm or the attorney had an attorney-client relationship with the ward and instead represented the buyer. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 17, 2023, Case #: A23A0732, Categories: Property, Negligence
J. McFadden finds that the trial court properly entered an order disbursing funds held in the court registry on the basis of a now-canceled attorney's lien filed by the law firm and attorney. The order arose after an arbitrator in an underlying proceeding between the attorney and the client found that the client did not owe the attorney any attorney fees. The possibility that future proceedings could affect the arbitration award did not remove the trial court's discretion to control the funds in the registry. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 13, 2023, Case #: A23A0651, Categories: Arbitration, Attorney Fees
J. McFadden denies, in part, a bank's motion to dismiss an individual's claims in a foreclosure case. She has sufficiently alleged her claims for violations of the Fair Debt Collection Practices Act, Mortgage Lender and Broker Act and Consumer Protection Procedures Act.
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 26, 2023, Case #: 1:23cv225, NOS: Consumer Credit - Other Suits, Categories: Property, Consumer Law, Banking / Lending
J. McFadden finds for a university on a former library employee's claims under the Family and Medical Leave Act. The school did not violate his FMLA rights for firing him after he "was approved for conditional leave, shirked his duties, got his leave denied, and then went AWOL for weeks on end while ignoring his employer."
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 22, 2023, Case #: 1:22cv812, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. McFadden finds that the trial court properly convicted defendant of armed robbery and fleeing a police officer. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant was apprehended while driving one of the victims' stolen cars only 12 minutes after the robbery. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in light of the strong evidence of his guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: September 20, 2023, Case #: A23A0821, Categories: Ineffective Assistance, Robbery
J. McFadden finds that the trial court properly denied the widow's motion to exclude prospective jurors from the venire who had not been vaccinated against Covid-19 in a medical malpractice action arising from her husband's death. The widow failed to show how the denial of the motion harmed her. The trial court also correctly refused to allow the widow to question jurors about their vaccination status. The widow could have asked more general questions to determine the prospective jurors' beliefs in science. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: September 12, 2023, Case #: A23A1039, Categories: Jury, Medical Malpractice, Covid-19
J. McFadden grants, in part, summary judgment to a nonprofit on its Freedom of Information Act case related to records regarding people who had died while in the custody of Immigration and Customs Enforcement. The agency failed to conduct an adequate search, and it also failed to support two exemptions used to withhold certain documents.
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 5, 2023, Case #: 1:21cv3030, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record
J. McFadden finds that the trial court properly denied defendant's motion for a new trial on her convictions for criminal attempt to commit murder, aggravated assault, aggravated battery and firearm offenses. Defendant failed to show that she was prejudiced by her trial counsel's failure to move to recuse the trial judge. However, the trial court incorrectly limited its jury instruction on the lesser-included offense of reckless conduct to only one of the three counts of aggravated assault. At least some evidence warranted the instruction as to the count for family violence aggravated assault. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: September 1, 2023, Case #: A23A1119, Categories: Ineffective Assistance, Assault, Jury Instructions
J. McFadden finds that the trial court improperly denied the individual's motion to dismiss a breach of contract action brought by the company. The original action was dismissed without prejudice after the company failed to appear at a hearing on its motion for summary judgment. The instant action was filed as a second complaint after the four-year statute of limitation had already run out. The statute prevented the company from filing the complaint as a renewal action because the first complaint was dismissed for want of prosecution. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: August 23, 2023, Case #: A23A0830, Categories: Civil Procedure, Contract
J. McFadden finds that the trial court properly ruled in favor of the repair company in a negligence action brought by the individual arising from injuries he suffered when he fell through a porch railing. The trial court correctly found that the individual failed to show the company was responsible for the condition of the railing. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: August 23, 2023, Case #: A23A1076, Categories: Negligence