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  • Mansour Props. LLC v. I-85/GA 20 Ventures Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Daniel N. Esrey, Peter M. Degnan Alston & Bird, and Warren W. Willis Jr. Morris, Manning & Martin, Atlanta, for appellant.
    for defendant: . John P. O'Brien and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: S03A1484

    The plaintiff waived its right to partition the 110 acres of undeveloped property that it owned with the defendant by contractually obligating itself to certify that any potential transferee would h

  • Blazer v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John L. Latham Alston & Bird, and Steven H. Sadow, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Jody L. Peskin, Assistant Solicitor General, and Richard N. Elliott Sr. Fulton County Solicitor's Office, Atlanta, for appellee.
    Case Number: A04A0228

    Some evidence supported the trial court's finding that the defendant did not reasonably believe that the force he used to remove a patron from the restricted area of his business was nece

  • McCombs v. Synthes USA

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, Martin C. Jones Hall, Booth, Smith & Slover, Tifton, and Sharon J. Whitwell, Locust Grove, for appellant.
    for defendant: Susan A. Cahoon Kilpatrick & Stockton LLP, Jenifer N. Stephens Alston & Bird LLP and Jeffrey J. Toney, Atlanta, for appellees.
    Case Number: A01A0006

    A wa on the package insert for a defective plate device was adequate and reasonable under the circumstances where the plate device failed in the exact manner encompassed by the wa

  • Turner v. Flournoy

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Scot E. Hitch Alston & Bird LLP, Atlanta, Ray L. Allison Denney, Pease, Allison & Kirk, Jaimie B. DeLoach and Clifton C. Fay, Columbus, for appellant.
    for defendant: . Jerry A. Buchanan Buchanan & Land, Columbus, for appellee.
    Case Number: S03A1730

    In the absence of a transcript, competent evidence presumably supported the trial court's dec to permanently enjoin development of a subdiv

  • Mansour Props. LLC v. I-85/GA 20 Ventures Inc.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Daniel N. Esrey, Peter M. Degnan Alston & Bird, and Warren W. Willis Jr. Morris, Manning & Martin, Atlanta, for appellant.
    for defendant: . John P. O'Brien and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: S03A1484

    The plaintiff waived its right to partition the 110 acres of undeveloped property that it owned with the defendant by contractually obligating itself to certify that any potential transferee would h

  • Kull v. Six Flags Over Ga. II LLP

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph D. Perrotta, Louis R. Feingold Northcutt, Edwards & Feingold and Joseph H. King Jr. King & Hobbs, Atlanta, for appellant.
    for defendant: Andrew M. Gibson, Heather R. Peoples Alston & Bird LLP, and Robert E. Mulholland Savell & Williams, Atlanta, for appellees.
    Case Number: A01A2315

    The plaintiff was barred from recovering for injuries received when he fell from a ladder after being shocked while maintaining a scoreboard because his failure to comply with OSHA regulations amou

  • Knutsen v. Atlanta Women's Specialists Obstetrics & Gynecology

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Grant G. Morain, Atlanta, and Duncan E. Ragsdale, Memphis, Tenn., for appellant.
    for defendant: . Susan V. Sommers, Matthew P. Lazarus, Goldner, Sommers, Scrudder & Bass, Laura C. Johnson Alston & Bird, Willard T. Bullock IV and Frederick W. Ajax Jr., Atlanta, for appellees. Other party representation: Sam Blair and Baker Donelson, Memphis, Tenn.
    Case Number: A03A2448

    The trial court tacitly allowed defendant to amend his pleadings and withdraw his alleged admission in judicio as to the date of his wife's death when it considered the entire record, including the

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • Harrell v. Federal Nat'l Payables Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John A. Christy and Nathan M. Wheat Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Candace N. Smith Alston & Bird, Atlanta, for appellee.
    Case Number: A03A1213

    No jury question remained as to whether plaintiff's failure to extend a $10 million line of credit to the first plaintiff's real estate management company caus demise of that company and crea

  • Sumter Reg'l Hosp. V. Healthworks Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Fennessy Fennessy & Nettum, Americus, and Angela T. Burnette Alston & Bird, Atlanta, for appellant.
    for defendant: Howard S. McKelvey Jr. and J. Michael Greene, Americus, for appellee.
    Case Number: A03A1535

    Plaintiff's claim for tortuous interference with business relations was based solely on the non-probative hearsay statements of the defendant doctors that the defendant hospital exerted economic pre