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  • Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Walter M. Britt Chandler & Britt, Ronald L. Reid Alston & Bird, Atlanta, Evan R. Chesler, Keith R. Hummel Cravath, Swaine & Moore, New York, for appellant.
    for defendant: . George W. Fryhofer III Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, H. Lamar Mixon, Michael B. Terry, Nancy L. Johnson, Joshua F. Thorpe Bondurant, Mixson & Elmore, Atlanta, James E. Butler Jr., Albert M. Pearson III, Joel O. Wooten Jr., Cale H. Conley Butler, Wooten, Overby, Fryhofer, Daughtery & Sullivan, Columbus, for appellees. Other party representation: Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville.
    Case Number: A00A0120

    Theme park's general partner breached its fiduciary duty by making bad faith decisions as to the amount and type of capital improvements the theme park would re

  • Exum v. Melton

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, and William Q. Bird Bird, Ballard & Still, Atlanta, for appellant.
    for defendant: . Thomas S. Chambless and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellees.
    Case Number: A00A0846

    Although venue vanished when plaintiffs dismissed the only resident defendant, the trial court retained jurisdiction to consider defendant's motion to dismiss due to insufficiency of service of pr

  • Oglethorpe Power Corp. v. Hartwell Energy Ltd. Partnership

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Kenneth T. Horton Jr. Autry & Horton LLP, Tucker, and William H. Hughes Jr. Alston & Bird, Atlanta, for appellant.
    for defendant: William H. Hughes Jr. Alston & Bird, Atlanta for appellee.
    Case Number: A00A0823

    Third party's sale of stock did not trigger defendant's right of first refusal under an ag t between plaintiff and defendant, since third party was not plaintiff's affiliate as defined in the a

  • Foster v. Ramsey

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Leonard Farkas Farkas & Ledford, Albany, for appellant.
    for defendant: William D. Moorhead III, Albany, for appellee.
    Case Number: A00A0465

    Decedent's husband's statements that he owned his wife's jewelry created an issue of credibility which the trial court could not rule upon on summary jud

  • Hodor v. GTE Mobilnet Inc.

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Gordon L. Joyner, Atlanta, for appellant.
    for defendant: Lisa H. Cassilly and Anne E. Lubell Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A00A1270

    Supervisor's insensitive comments in front of plaintiff's co-workers, including a joke that plaintiff had to eat baby food, did not constitute extreme and outrageous beh

  • E-Z Serve Convenience Stores Inc. v. Crowell

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michele L. Davis and Alan L. Newman Newman, Sapp & Davis, Atlanta, for appellant.
    for defendant: Herald J. A. Alexander Alexander Law Firm PC, Charles A. Mathis Jr., David F. Walbert and David N. Krugler Middleton, Mathis, Adams & Tate, Atlanta, for appellee.
    Case Number: A00A0225

    Ex-employee who gave convenience store owners notice of false alarm fines and was arrested for co s failure to pay those fines was entitled to punitive damages from co

  • Iero v. Mohawk Finishing Prods. Inc.

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Steven A. Suna and Barry L. Zipperman Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: Randall D. Grayson Alston & Bird, Atlanta, and David B. Ritter Altheimer & Gray, Chicago, Ill, for appellee.
    Case Number: A00A0570

    The fact that it would be inconvenient for a former employee of a New York business who is now a Georgia resident to litigate in New York did not render the forum selection clause in his employment

  • Markowitz v. Wieland

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. McKenney McKenny & Froelich, Robb E. Hellwig and Richard R. Hays Alston & Bird, Atlanta, for appellant.
    for defendant:
    Case Number: A99A1888, A99A1889

    Since plaintiffs chose to affirm a purchase and sale contract which included a merger clause and a disclaimer provision, they could not claim that they relied on the sellers' alleged misrepresenta

  • Abend v. Klaudt

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lori G. Baer and Candice Stone Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . David A. Sleppy and Dennis T. Cathey Cathey & Strain, Cornelia, for appellees. Other party representation: Robert G. Tanner and Johnathan T. Krawcheck Long, Weinberg, Ansley & Wheeler, Atlanta.
    Case Number: A99A1862

    The 5-year statute of repose in O.C.G.A. § 9-3-71 b does not bar a foreign object medical malpractice action that is timely filed within the 1-year limitation period for that type of

  • Jay v. The Christian Methodist Episcopal Church

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey L. Pombert Bird & Assocs. PC, Atlanta, for appellant.
    for defendant: Stanley E. Foster and Mark W. Wortham Arrington & Hollowell, Atlanta, for appellee.
    Case Number: A99A2391

    The trial court lacked jurisdiction to decide a pastor's claim that his bishop violated their c s Book of Discipline when he transferred the pastor to another c