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  • 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

  • Leone Hall Price Found. v. Baker

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett, James W. Williams and Nowell D. Berreth Alston & Bird LLP, Atlanta, for appellant.
    for defendant: J. Michael Treadaway, Donald L. Mize, Ray B. Gray Jr., C. Fred Reeves, Marietta, Thurbert E. Baker Jr., Attorney General, Grace E. Lewis, Senior Assistant Attorney General, and Randall A. Constantine Mazursky & Dunaway LLP, Atlanta, for appellee.
    Case Number: S03A0081

    A foundation created by a private charitable trust had the right to oppose termination of the trust in contravention of the settlor's i

  • Gold Kist Inc. v. Moody

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A02A1225

    The trial court could not presume that a prior judge followed the law of the case on remand where that judge failed to do so on remand from a prior a

  • Board of Natural Resources v. Duke Energy Sandersville LLC

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Isaac Byrd, Diane L. DeShazo, Assistant Attorneys General, David C. Will and Kurt R. Ward Owen, Gleaton, Egan, Jones & Sweeney,Atlanta, for appellant.
    for defendant: Barbara H. Gallo, Daniel H. Sherman IV, Bruce P. Brown McKenna, Long & Aldridge LLP, Atlanta, and Robert M. Wynne, Sandersville, for appellee. Other party representation: Daniel S. Reinhardt Troutman Sanders LLP, Peter M. Degnan, Douglas E. Cloud, Daniel N. Esrey Alston & Bird, and Robert S. Ukeiley, Atlanta.
    Case Number: A02A1566

    The EPD's appeal was moot since the underlying administrative appeal was withdrawn and the case was dism

  • Harvey III v. J. H. Harvey Co.

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jay D. Bennett, Dow N. Kirkpatrick II, Heather R. Peoples Alston & Bird LLP, Atlanta, J. Reese Franklin and W. Daniel Knight Jr., Nashville, for appellant.
    for defendant: Frank C. Jones, Benjamin F. Easterlin IV and Rance L. Craft King & Spaulding, Atlanta, for appellee.
    Case Number: A02A0452; A02A0453

    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