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  • Focus Entertainment Int'l Inc. v. Partridge Greene Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan I. Begner, Cory G. Begner Begner & Begner PC, Atlanta, and Michael A. Prieto, Cartersville, for appellant.
    for defendant: . T. Michael Tennant, Elizabeth Bertschi and Daniel N. Esrey Alston & Bird, Atlanta, for appellee.
    Case Number: A01A2486

    An adult entertainment store had actual notice by rule nisi that an interlocutory hearing had been ordered on plaintiff's claim of breach of a restrictive covenant prohibiting the sale or display of

  • BP Exploration & Oil Inc. v. Jones

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald L. Mize Jr., George N. Mori, Douglas G. Scribner and Paul J. Kaplan Alston & Bird, Atlanta, for BP Exploration & Oil. Preyesh K. Maniklal, Hardy Gregory Jr., Gary C. Christy Gregory, Christy & Maniklal, Cordele, and Christopher N. Smith, Macon, for Jones. Other party representation: William D. Harrison Mozley, Finlayson & Loggins, Atlanta, and Luanne Clark Moore, Clarke, Duvall & Rogers PC, Albany.
    for defendant:
    Case Number: A01A1207; A01A1208

    A n l oil company was not vicariously liable for the plaintiff's injuries at an independently owned gas st

  • The ServiceMaster Co. LP v. Martin

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James C. Grant, Jeffrey J. Swart Alston & Bird, Chilton D. Varner and Robert D. Hays Jr. King & Spaulding, Atlanta, for Service Master. Francis X. Moore Byrne, Eldridge, Moore & Davis PC, Atlanta, for Martin.
    for defendant:
    Case Number: A01A1093; A01A1094; A01A1095

    The trial court should have dismissed plaintiff's tort claims arising out of his firing since the duties which his employer allegedly breached arose directly out of his written employment con

  • Pimper v. State of Ga., ex rel. Simpson

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Robert M. Brinson, C. King Askew, J. Anderson Davis, Mark M. Webb Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, Theodore J. Sawicki, John G. Goselin II, Craig H. Kuglar Alston & Bird LLP, Atlanta, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellant.
    for defendant: . Andrew J. Ekonomou, Michael G. Lambros Ekonomou, Atkinson & Lambros LLC, Lewis E. Hassett Morris, Manning & Martin, John E. Floyd Bondurant, Mixson & Elmore LLP, William Q. Bird William Q. Bird & Assocs., Thurbert E. Baker Jr., Attorney General, David S. McLaughlin, Assistant Attorney General, Atlanta, Stephen D. Smith Jr. Smith, Price & Wright, Edward Hine Jr., and Fred R. Simpson, Acting District Attorney, Rome, for appellee.
    Case Number: S01A0946

    The Bankruptcy Court had exclusive jurisdiction over defendants' l of the denial of their motion to dissolve an ex parte temporary restraining order and receivership order to the extent that th

  • Worthy v. The Beautiful Restaurant Inc.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James A. Goldstein, Atlanta, for appellant.
    for defendant: Douglas G. Scribner, Gerald L. Mize Jr. and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A01A1492

    Even if the premature birth of plaintiff's child was unforeseeable, defendant could have foreseen that its alleged improper handling of food could make plaintif

  • Mansour Properties LLC v. Reinhardt College Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Peter M. Degnan and Lori P. Hughes Alston & Bird, for appellant.
    for defendant: . John D. Cline Dana M. Thompson & Assocs., Canton, John P. O'Brien, Daniel E. Tranen Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A01A1059

    Third-party investors had no rights under a real estate sales contract which provided for the payment of a broker's commi

  • The William L. Bonnell Co. v. Coweta County Bd. of Tax Assessors

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Timothy J. Peaden and Mary T. Benton Alston & Bird, Atlanta, for appellant.
    for defendant: Jerry A. Conner and Asa M. Powell Jr., Newnan, for appellee.
    Case Number: A02A0060

    The of tax assessors should have allowed the taxpayer to retroactively amend its freeport ad valorem tax exemption application to reflect the increase in the value of its inventory based on th

  • Ray v. Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. White, Woodstock, for appellant.
    for defendant: . Dow N. Kirkpatrick II, Robert P. Riordan and Christopher A. Riley Alston & Bird, Atlanta, for appellee.
    Case Number: A01A1495

    Plaintiffs' claims against a hospital for negligent retention of the doctor who cared for their son were barred by the medical malpractice statute of limitation and statute of r

  • Kmart Corp. v. Morris

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Grant Alston & Bird, and Nowell D. Berreth, Atlanta, for appellant.
    for defendant: Jonathan C. Peters, Michael T. Carithers and Allen S. Willingham Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A1166

    Evidence that the premises owner knew an automatic door would open towards incoming patrons under certain circumstances supported a finding that its knowledge of the danger was superior to plaint

  • Williamson v. Coastal Physician Servs. of the S.E. Inc.

    Publication Date: 2001-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lance D. Lourie, Stephen R. Chance, Joseph W. Watkins Watkins, Lourie & Roll LLP, and Richard W. Summers, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Robert D. McCallum Jr., Elizabeth Bertschi Alston & Bird, and Michael J. Hannan III Love & Willingham, Atlanta for appellees.
    Case Number: A01A1366

    A medical staffing service was not vicariously liable for the actions of its independent contractor who treatment plaintiff's husband in the emergency room two weeks before he