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Clayton State Alumna, Katie Fagan, joins SWB
Uncategorized | 2008/12/23 14:57
Smith, Welch amp; Brittain LLP, Attorneys at Law is proud to announce that Katie Fagan, a Clayton College amp; State University graduate has joined our firm as an associate. Ms. Fagan graduated cum laude from the Mercer University, Mercer University’s Walter F. George School of Law in 2008.

Mrs. Fagan began interning for Smith, Welch amp; Brittain in the summer of 2006. She is a member of the Georgia Bar Association, the Henry County Bar Association, the Georgia Association of Women Lawyers and also coaches for the Eagle’s Landing High School Mock Trial team.

Smith, Welch amp; Brittain, LLP was established in McDonough in 1873. The firm currently operates offices in McDonough, Stockbridge, Jackson and Barnesville. SWB includes 20 attorneys and more than 50 support staff.


Alamo seeks removal of religious language in suit
Top Court Watch | 2008/12/23 09:16
A lawyer for jailed evangelist Tony Alamo asked a federal court Tuesday to remove religious references from a lawsuit against his client, saying they have the potential to draw the court into theological debate to decide the case.pJohn Hall of Little Rock said in a court filing that claims made by two former members of the Tony Alamo Christian Ministries were based on religious beliefs and not matters for argument in a court of law./ppHall gave as examples claims that Alamo engaged in practices to intimidate church members by withholding food, marrying young girls and performing severe beatings. Hall said Alamo's defense to each of these allegations was based largely on the Bible, and the filing cites numerous biblical passages./ppAll of these fall within the ambit of defendant's religious beliefs, the filing says./ppThe suit, filed Nov. 25 in federal district court at Texarkana, claims that Seth Calagna and Spencer Ondrisek were beaten and subjected to abuse as teenagers in the church. The suit says the former church members, now adults, suffered physical pain, emotional distress, scarring and disfigurement. It seeks more than $75,000 in damages./p


Conservatives win court case in Va. church dispute
Attorney Blog News | 2008/12/20 09:18
Nearly a dozen conservative church congregations in Virginia have won a lawsuit in which they sought to split from the U.S. Episcopal Church in a dispute over theology and homosexuality.pThe final rulings came Friday from a Fairfax County judge who said the departing congregations are allowed under Virginia law to keep their church buildings and other property as they leave the Episcopal Church and realign under the authority of conservative Anglican bishops from Africa./ppSeveral previous rulings had also gone in favor of the departing congregations. The diocese said it will appeal./ppEleven Virginia congregations were involved in the lawsuit, including two prominent congregations that trace their histories to George Washington — Truro Church in Fairfax and The Falls Church in Falls Church./ppThe congregations voted to realign in late 2006. Since then, the rift in the Episcopal Church has grown, and entire dioceses have voted to leave the denomination. Similar property disputes are expected there as well./ppThe Episcopal Diocese of Virginia argued it was the true owner of the church property and that the congregations' votes to leave the Episcopal Church were invalid./p


Mass. court reprimands judge libeled by newspaper
Attorney Blog News | 2008/12/19 09:16
Massachusetts' top court has publicly reprimanded a judge who wrote threatening letters to the publisher of the Boston Herald after he won a $2 million libel judgment against the paper.pThe Supreme Judicial Court's punishment for Judge Ernest Murphy is slightly less severe than the public censure and $25,000 fine recommended by the state's Commission on Judicial Conduct. The SJC did order Murphy to reimburse the commission for its costs./ppThe case began in 2002, after the Herald published a series of stories depicting Murphy as soft on crime. Several quoted Murphy as saying a young rape victim should get over it./ppMurphy won his lawsuit, then wrote threatening letters to the Herald publisher demanding payment./ppMurphy agreed in August to step down from the bench, citing health problems brought on by the stress of the case. /p


Appeals court rejects DC missing pants case
Law & Court News | 2008/12/18 09:17
An appeals court on Thursday turned down a request for a new trial from a former District of Columbia judge who sued his dry cleaners for $54 million over a lost pair of pants.pThe D.C. Court of Appeals rejected the request from Roy L. Pearson to overturn a 2007 ruling that denied him damages. Pearson had argued that Custom Cleaners failed to live up to its promise of Satisfaction Guaranteed./ppThree appellate judges agreed Pearson failed to show the store's advertising amounted to fraud and said his argument defied logic./ppPearson can still ask the entire nine-judge appellate court to review the case or appeal to the U.S. Supreme Court./ppPearson did not immediately respond to an e-mail or telephone message seeking comment./ppJin Chung, the dry cleaner owner, said through his lawyer that his family is very very happy with the decision. The family said they hope Pearson won't take any further action./ppThe American Tort Reform Association lauded the court's move, saying the city's easily exploited consumer protection law should be reformed./ppThe case has taken its toll on both sides. The Chungs have sold the dry cleaning shop, citing a loss of revenue and the emotional strain of defending the lawsuit. Pearson lost his job when a D.C. commission voted not to reappoint him. /p


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