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  • Mariner Health Care Inc. v. PricewaterhouseCoopers LLP

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. McConnell, Joseph E. Finley, David C. Kiernan and G. Lee Garrett Jones Day, Atlanta, for appellant.
    for defendant: John A. Chandler, Elizabeth V. Tanis and Drew D. Dropkin Southerland, Asbill & Brennan, Atlanta. Other party representation: Jill Pryor, Jeffrey O. Bramlett Bondurant, Mixson & Elmore, Peter Q. Bassett, Mary C. Gill Alston & Bird, Elizabeth T. Baer Meadows, Ichter & Bowers, Atlanta, and Jason L. Crawford Dougherty, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: A06A1372

    The plaintiff should have been allowed to voluntary dismiss its suit claiming that the defendant/auditor caused another company, which acquired and merged with the plaintiff, to purchase the plainti

  • Toberman v. Larose Ltd. Partnership

    Publication Date: 2006-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Timothy H. Kratz McGuire Woods LLP, Robert J. Waddell Alston & Bird LLP, and Robert L. Florence Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, Greg Shinall and Paul E. Slater Sperling & Slater, Chicago, Ill., for appellees.
    Case Number: A06A1133

    The trial court did not abuse its discretion in denying the appellant's motion for a TRO enjoining the appellees from taking certain actions with regard to appellant's farm, wine collection and pers

  • King v. Zakaria

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul S. Weiner, Jonesboro, for appellant.
    for defendant: Judson Graves and Brian R. Stimson Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A06A0735

    The trial court did not err in granting a directed verdict in favor of the defendant doctor on a medical abandonment claim, since the plaintiff presented no evidence that the doctor violated the sta

  • Central Atlanta Progress Inc. v. Baker

    Publication Date: 2006-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Douglas G. Scribner and Paul J. Kaplan Alston & Bird, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, and Stefan E. Ritter, Assistant Attorney General, Atlanta, for appellee. Other party representation: Peter C. Canfield, Thomas M. Clyde and Matthew D. Crawford Dow, Lohnes & Albertson, Atlanta.
    Case Number: A06A1028; A06A1029

    The evidence authorized the trial court to find that the defendants acted on behalf of public officers or agencies in making bids for the NASCAR Hall of Fame and the 2009 Super Bowl game and, thus,

  • Simon Property Group Inc. v. Benson

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly and Jay D. Bennett Alston & Bird, Atlanta, and Charles C. Clay, Marietta, for appellant.
    for defendant: . John F. Salter Jr., Roy E. Barnes The Barnes Law Group LLC, Marietta, and Gary J. Toman Nation, Toman, Nutter & McKnight LLP, Atlanta, for appellees.
    Case Number: A05A2256

    The gift cards and certificates in question cannot be deemed abandoned under the Disposition of Unclaimed Property Act, since the defendant issued them less than five years prior the plaintiffs'

  • Thomas-Sears v. Morris

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert L. Bunner and C. Terry Blanton Perrie & Cole LLC, Atlanta, for appellant.
    for defendant: Elizabeth A. Price, Daniel F. Diffley Alston & Bird LLP, and Charles E. Leonard, Atlanta, for appellee.
    Case Number: A05A1656

    The defendant was released from his guaranty on a note because a subsequently-executed agreement materially changed his oblig and constituted a nov

  • EHCA Dunwoody LLC v. Daniel

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Grant and Derin B. Dickerson Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Brent S. Hudspeth, Christopher J. McFadden, Decatur, Heber Simmons III and Chris Henderson Simmons Law Group PA, Jackson, for appellee.
    Case Number: A05A2141

    The plaintiff developed severe interstitial cystitis IC from use of a latex catheter, which the medical center inserted into her while she was under its care, even though she informed the medical ce

  • Thompson v. Scientific Atlanta Inc.

    Publication Date: 2005-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joshua A. Millican, Atlanta, for appellant.
    for defendant: Oscar N. Persons, Susan E. Hurd, Kelly C. Wilcove Alston & Bird, Atlanta, and Gerald Davidson Jr. Davidson & Tucker LLP, Duluth, for appellee.
    Case Number: A05A1447

    The trial court did not abuse its discretion in denying the shareholder's belated oral request to conduct discovery before dismissing his derivative suit pursuant to O.C.G.A. § 14-

  • Department of Transp. v. Meadow Trace Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Atlanta, R. David Syfan and Thomas L. Fitzgerald Hulsey, Oliver & Mahar, Gainesville, for appellant.
    for defendant: Frank Armstrong III Stewart Melvin & Frost LLP, Gainesville, T. Michael Tennant Alston & Bird, Tim Carssow and Ian Landgreen Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: A04A1353

    A condemned parcel of property in Hall county continues to have a right of access to Highway 129, since a notation in the property's plat of "Req'd R/W & L.A.," without definition or explanation

  • Jones v. Orris

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert C. Koski The Koski Firm PC, Atlanta, for appellant.
    for defendant: Sterling G. Culpepper Alston & Bird, Lori G. Cohen Greenberg Traurig LLP, Jonathan C. Peters Love & Willingham LLP, and Mary P. Tucker, Atlanta, for appellees.
    Case Number: A05A0703

    The evidence in the record did not support the plaintiff's expert's opinion regarding the proximate cause of her inj