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

    Publication Date: 2003-11-14
    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

  • Mindis Acquisition Corp. v. BDO Seidman LLP

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Oscar N. Persons, Theodore J. Sawicki, John H. Goselin II Alston & Bird and Nisbet S. Kendrick III Womble, Carlyle, Sandridge & Rice, Atlanta, for appellant.
    for defendant: Peter J. Anderson, Kristen J. Indermark and Rebecca L. Burnaugh Sutherland, Asbill & Brennan, Atlanta, for appellee.
    Case Number: A01A1774; A01A1775

    The Court of Appeals adopted the Supreme Court's judgment that the proper damages standard for a negligent misrepresentation claim is the traditional negligence standard and the amount of damages aw

  • McCombs v. Synthes

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brian D. Rogers, Michael J. Warshauer and Lyle G. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Lori G. Cohen and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellee.
    Case Number: S01G1633

    Plaintiff was entitled to argue the adequacy of the manufacturer's warning to her doctor on appeal because the manufacturer based its successful motion for summary judgment on the learned intermedia

  • Harvey v. J. H. Harvey Co.

    Publication Date: 2003-08-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett and Heather R. Peoples Alston & Bird, Atlanta, for appellant.
    for defendant: Frank C. Jones, Macon, Benjamin F. Easterlin IV, Cheri A. Grosvenor King & Spalding, Atlanta, W. Daniel Knight Jr. and J. Reese Franklin, Nashville, for appellee.
    Case Number: S02G1713

    The concept of constructive service was applicable to an action for breach of an employment contract which provided that the plaintiff would serve as the defending company's President and Chief Oper

  • Haralson v. John Deere Co.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for appellant.
    for defendant: Candice N. Smith and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A03A0583

    A guaranty was unenforceable where an illegible signature was the only identification of the promisor in the agre

  • Buckhorn Ventures LLC v. Forsyth County, Ga.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Peter M. Degnan and Harold Buckley Jr. Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Robert S. Stubbs III Banks, Stubbs & Neville, Kenneth E. Jarrard Jarrard & Davis LLP and Mitchell M. McKinney, Cumming, for appellees.
    Case Number: A03A0152

    O.C.G.A. § 36-30-3 a prohibits councils from binding themselves or their successors so as to prevent legislation in matters of municipal gove

  • Joja Partners LLC v. Adams Properites Inc.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: T. Michael Tennant and Daniel N. Esrey Alston & Bird, Atlanta, for appellant.
    for defendant: Joseph S. Jacobson, Ellen W. Smith Holt, Ney, Zatcoff & Wasserman LLP, Atlanta, and Jay F. Castle Winn-Dixie Stores Inc., Law Dept., Jacksonville, Fla., for appellee.
    Case Number: A03A1593

    O.C.G.A. § 9-9-2 c 9 did not bar arbitration based on the parties' failure to initial the arbitration provisions in their Asset Management Agreement since that statute applies to employment cont

  • Blockum v. Fieldale Farms Corp.

    Publication Date: 2003-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George W. McGriff, Eric E. Wyatt McGriff, Cuthpert, Wyatt & Assocs., Atlanta, and Victor Blockum, Athens, for appellant.
    for defendant: Jay D. Bennett and Paul J. Kaplan, Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A01A0922

    The Court of Appeals adopted the Supreme Court's judgment that the defendant was not entitled to summary judgment on the tiff's racial discrimination claim pursuant to 42 USC § § 1981, since th

  • Schoenbaum Ltd. Co. LLC v. Lenox Pines LLC

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: F. Carlton King Jr., Thomas A. Croft King & Croft, Peter M. Degnan and David M. Meezan Alston & Bird, Atlanta, for appellant.
    for defendant: . Hylton B. Dupree Jr. Dupree, Johnson, Poole & King, William W. Dreyfoos, Marietta, and Mark A. Johnson, Charleston, S.C., for appellees.
    Case Number: A03A0814, A03A0815

    Plaintiffs lacked standing to bring their RICO claim with regard to defendants' alleged predicate acts of filing a false transfer tax declaration and making false representations to lenders, since t

  • Macon Water Auth. v. City of Forsyth

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Hubert C. Lovein Jr. Jones, Cork & Miller LLP, Macon, for appellant.
    for defendant: William H. Hughes Jr. Alston & Bird, Atlanta, and John F. Kennedy Hall, Bloch, Garland & Meyer, Macon, for appellee.
    Case Number: A03A0785

    The city did not waive its right to arbitrate under a contract for the provision of electricity when it brought an action before the Public Service Commission against a non-party for an alleged viol