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  • 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

  • Harvey v. J. H. Harvey Co.

    Publication Date: 2003-06-13
    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

  • Mercker v. Abend

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A02A1832

    The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known

  • Mercker v. Abend

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A02A1832

    The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known

  • Rodriguez v. Vision Correction Group Inc.

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mitchell D. Benjamin and Kenneth A. Shapiro Mitchell & Shapiro LLP, Atlanta, for appellant.
    for defendant: Robert P. Riordan Alston & Bird, Atlanta, for appellee.
    Case Number: A03A0608

    Plaintiff was not entitled to recover back wages under a theory of quantum meruit or unjust enrichment where she received reasonable and negotiated compensation for her ser

  • RCG Properties LLC v. City of Atlanta Bd. Of Zoning Adjustment

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter M. Degnan and Candace N. Smith Alston & Bird, Atlanta, for appellant.
    for defendant: Susan P. Langford, David D. Blum, Lemuel H. Ward City of Atlanta Law Dep't, Christine K. Huffine, Lisa A. Wade and Bradley S. Wolff Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A02A1669

    The superior court erred in dismissing the appeal of a decision of the city of Atlanta Board of Zoning Adjustment BZA for lack of standing because it was bound by the facts presented to the BZA and

  • BDO Seidman LLP v. Mindis Acquisition Corp.

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Peter J. Anderson, Steven L. Polk, Rebecca L. Burnaugh, Todd E. Ratner and Deborah M. Danzig Sutherland, Asbill & Brennan, Atlanta, for appellant.
    for defendant: Nisbet S. Kendrick III Womble, Carlyle, Sandridge & Rice LLC, John H. Goselin II and Oscar N. Persons Alston & Bird, Atlanta, for appellee.
    Case Number: S02G0788

    The proper damages standard for a negligent misrepresentation claim is the traditional negligence standard and the amount of damages awarded for negligent misrepresentation is measured by an "out-of