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  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a

  • Fulton County v. Southern Hope Humane Society

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Vincent D. Hyman, County Attorney, and Robert D. Ware County Attorney's office, Atlanta, for appellant.
    for defendant: Nowell D. Berreth and Cindy S. Manning Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A09A2399

    The trial court did not err in granting summary judgment to humane society on its counterclaim for breach of contract, because the county breached the contract by failing to pay the remaining amoun

  • Rainbow USA Inc. v. Cumberland Mall LLC

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph C. Chancey Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Luke A. Kill Andre & Blaustein LLP and Andrew M. Gibson Alston & Bird, Atlanta, for appellee.
    Case Number: A09A0831

    A mall could not argue that a new free-standing warehouse store was open for business on the premises occupied by former anchor store, because the lease language did not support a definition of the

  • Heiman v. Mayfield

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
    for defendant: James E. Voyles and Mark F. Milhollin The Voyles Milhollin Law Firm, Kennesaw, Paul W. Burke Drew Eckl & Farnham, Peter Q. Bassett, Kerry K. Vatzakas Alston & Bird, Dan F. Laney III and Kimberly L. Myers Rogers & Hardin LLP, Atlanta, for appellee.
    Case Number: A09A2253

    Exculpatory clauses in a trust instrument are not effective to relieve a trustee of liability for breach of trust committed in bad faith, intentionally or with reckless indifference to the interest

  • Rainbow USA Inc. v. Cumberland Mall LLC

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph C. Chancey Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Luke A. Kill Andre & Blaustein LLP and Andrew M. Gibson Alston & Bird, Atlanta, for appellee.
    Case Number: A09A0831

    A mall could not use a new free-standing warehouse store as a comparable replacement for a mall anchor store with regard to its mall tenant's lease, which allowed the tenant to pay a lower rent if t

  • Gettner v. Fitzgerald

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Amanda A. Farahany Barrett & Farahany, Atlanta, for appellant.
    for defendant: Paul J. Kaplan Alston & Bird LLP, Kenneth G. Menendez and Jeffrey R. Saxby Epstein, Becker & Green PC, Atlanta, for appellees.
    Case Number: A09A0155

    The evidence was sufficient to raise a jury issue on each essential element of the plaintiff's defamation claim-negligence or fault in the publication of a false defamatory statement and actual i

  • Lamb v. Fulton-DeKalb Hosp. Auth.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Herald J. Alexander Alexander Law Firm PC, Atlanta, for appellant.
    for defendant: Bernard Taylor and Debra A. Sydnor Alston & Bird, Atlanta, for appellee. Other party representation: Stuart S. Busby Bovis, Kyle & Burch, Atlanta.
    Case Number: A09A0390

    Parol evidence is admissible to show want or failure of consideration to support the enforceability of a con

  • Global Link Logistics Inc. v. Briles

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kelli S. Lott, Harold T. Daniel Jr., Laurie W. Daniel Holland & Knight, and Thomas C. Pryor Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Benjamin I. Fink and Neal F. Weinrich Berman, Fink & Van Horn PC, Atlanta, for appellee.
    Case Number: A08A1871

    The trial court did not err in ruling that the non-disclosure covenants in the parties' employment contract were overbroad, since they barred the appellee from even using his observations during his

  • Georgia Dep't of Revenue v. Trawick Constr. Co. Inc.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lourdes Gonzalez, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert G. Brazier and Michael S. Evans Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellee. Other party representation: Timothy J. Peaden Alston & Bird, Atlanta.
    Case Number: A08A2323

    The ALJ's role in an inter agency appeal arising from the assessment of additional taxes was to act as the representative of the Revenue Department and to make a recommendation to the commiss

  • Georgia Kidney and Hypertension Specialists Inc. v. Fresenius USA Marketing Inc.

    Publication Date: 2008-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0001

    The trial judge did not err in denying the defendant's motion to recuse, on the basis that the trial judge's daughter provided contractual legal services to plaintiff's counsel, since t