• Strength v. Lovett

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James E. Ellison Burnside, Wall, Daniel & Ellison, Augusta, for appellant.
    for defendant: Richard W. Hendrix Finch McCranie LLP, Atlanta, and Randolph Frails, Augusta, for appellees.

    Case Number: A11A0672

    The case was remanded for the trial court to address cause in fact, since the county sheriff properly raised the question of whether a driver, who was fleeing a traffic stop, might still have caused

  • Sanderson Farms Inc. v. Atkins

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Eric A. Collins, Valdosta, for appellant.
    for defendant: Nathan W. Kotas Goldberg & Dohan LLP, Atlanta, for appellee.

    Case Number: A11A0336

    A government inspector of a chicken factory was an invitee, not a licensee because the inspector's presence was predictable to the factory owner and allowed the owner to run its bus

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

    Publication Date: 2011-07-22
    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 gain from a sale of one company to another was excluded from Georgia taxable income, because O.C.G.A. § 48-7-21 applies only to elections made by corporate tax payers and the § 338 h 10 electio

  • Oglethorpe Power Corp. v. Forrister

    Publication Date: 2011-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Natalie M. C. Beasman Balch & Bingham LLP, placeCityAtlantaGregory M. Cole Autry, Horton & Cole LLP, Tucker, and Hugh B. McNatt McNatt, Greene & Peterson, Vidalia, for appellants. Jason B. Sanker, Michael D. McRae and Robert T. Monroe McRae, Stegall, Peek, Harman, Smith & Manning LLP, Cedartown, for appellees. Amicus appellants: Charles T. Autry, Roland F. L. Hall Autry, Horton & Cole, Tucker, Kristin H. Dial, Steven T. Minor Tisinger Vance PC, CityCarrolltonPeter M. Degnan and Jonathan E. Wells Alston & Bird LLP, placeCityAtlanta
    for defendant:

    Case Number: S10G1244

    Because the noise emanating from the exhaust stacks resulted from the essential method of the power plant's operation, the neighbors were limited to filing one cause of action for the recovery of p

  • June 17, 2011 |

    Homeowners Exclusions

    Analyzes exclusions found in Homeowners forms that provide open perils coverage, as well as general exclusions found in the Homeowners forms. Incorporates changes made in the ISO Homeowners 2000 Program.

    1 minute read

  • Executive Excellence v. Martin Bros. Invs. LLC.

    Publication Date: 2011-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Charles H. Van and Anne E. Andrews Berman Fink Van Horn PC, Atlanta, for Executive Excellence. Frank Armstrong III and Nancy L. Richardson Stewart, Melvin & Frost LLP, Gainesville, for Martin Brothers and Southern Tradition.
    for defendant:

    Case Number: A10A1745; A10A2143; A10A2144

    Statements in question were generally true and constituted expressions of opinion and hyperbole which are not actionable as defam

  • Andrade v. Grady Mem'l Hosp. Corp.

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lindsay R. Jones, Decatur, for appellant.
    for defendant: Bernard Taylor and Sean A. Simmons Alston & Bird LLP, Atlanta, for appellee.

    Case Number: A10A1869

    The plaintiffs failed to state a claim that a hospital violated a duty of care not to wrongfully abandon the medical tre it provided them because their complaint failed to allege that their tr

  • Muscogee County Bd. of Tax Assessors v. Pace Indus. Inc.

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Travis C. Hargrove and Kirsten C. Stevenson Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellant.
    for defendant: Mary T. Benton and Timothy J. Peaden Alston & Bird LLP, Atlanta, for appellee.

    Case Number: A10A1856

    The freeport exemption did not apply to a company's inventory in Georgia because the company was not holding the inventory for final shipment outside of the

  • MCG Health Inc. v. Owners Ins.

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Allgood Enterprise Mill, David E. Hudson and Christopher A. Cosper Hull, Towill, Norman, Barrett & Salley PC, Augusta, for appellant.
    for defendant: Michael C. Kendall Talley, French & Kendall PC, Douglasville, Sam G. Nicholson, Harry D. Revell Nicholson Revell LLP, David B. Bell, Bell & Bell Assocs., John C. Bell Jr. and Pamela S. James Bell & Brigham, Augusta, for appellees. Amicus Appellant: Donna P. Bergson Alston & Bird LLP, Atlanta. Amicus Appellee: John D. Hadden Turkheimer & Hadden LLC, Atlanta, and Jason L. Crawford Daughtery, Crawford, Fuller & Brown LLP, Columbus.

    Case Number: S10G1142

    The statutory and regulatory scheme governing TRICARE does not provide any basis for allowing contracting civilian healthcare providers to collect their treatment costs from a third-party tortfeasor/

  • Muscogee County Bd. of Tax Assessors v. Pace Indus. Inc.

    Publication Date: 2011-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Travis C. Hargrove and Kirsten C. Stevenson Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellant.
    for defendant: Mary T. Benton and Timothy J. Peaden Alston & Bird, Atlanta, for appellee.

    Case Number: A10A1856

    The freeport exemption did not apply to a company's inventory in Georgia because the company was not holding the inventory for final shipment outside of the