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  • Haralson v. John Deere Co.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for appellant.
    for defendant: Candice N. Smith and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A03A0583

    A guaranty was unenforceable where an illegible signature was the only identification of the promisor in the agre

  • Bryant v. Hoffman La Roche Inc.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird and Jonathan T. McCants Bird & Assocs., Atlanta, for appellant.
    for defendant: . Richard B. North Jr., Matthew B. Lerner Nelson, Mullins, Riley & Scarborough, Atlanta, and Leslie J. Bobo Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for appellee.
    Case Number: A03A0661

    Once a prima facie case for design defect is established, a pharmaceutical manufacturer will be relieved from strict liability only when it demonstrates that 1 the product is properly manufactured a

  • Wisham v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, and Ronald R. Parker, Assistant District Attorney, Camilla, for appellee.
    Case Number: A03A1423

    Proof of legal title to the damaged vehicle is not necessary to sustain a conviction for arson in the second d

  • Buckhorn Ventures LLC v. Forsyth County, Ga.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Peter M. Degnan and Harold Buckley Jr. Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Robert S. Stubbs III Banks, Stubbs & Neville, Kenneth E. Jarrard Jarrard & Davis LLP and Mitchell M. McKinney, Cumming, for appellees.
    Case Number: A03A0152

    O.C.G.A. § 36-30-3 a prohibits councils from binding themselves or their successors so as to prevent legislation in matters of municipal gove

  • 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

  • Balmer v. Elan Corp.

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: E. Wycliffe Orr, Gainesville, for appellant.
    for defendant: . John F. Meyers and Latonya S. Moore Seyfarth, Shaw, Fairweather & Geraldson, Atlanta, for appellees.
    Case Number: A03A0634

    The trial court properly dismissed the plaintiffs' wrongful discharge suit based on their status as at-will employees and their failure to state a claim upon which relief could be gr