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  • 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

  • Mercker v. Abend

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A02A1832

    The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known

  • Mercker v. Abend

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A02A1832

    The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known

  • Rodriguez v. Vision Correction Group Inc.

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mitchell D. Benjamin and Kenneth A. Shapiro Mitchell & Shapiro LLP, Atlanta, for appellant.
    for defendant: Robert P. Riordan Alston & Bird, Atlanta, for appellee.
    Case Number: A03A0608

    Plaintiff was not entitled to recover back wages under a theory of quantum meruit or unjust enrichment where she received reasonable and negotiated compensation for her ser

  • RCG Properties LLC v. City of Atlanta Bd. Of Zoning Adjustment

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter M. Degnan and Candace N. Smith Alston & Bird, Atlanta, for appellant.
    for defendant: Susan P. Langford, David D. Blum, Lemuel H. Ward City of Atlanta Law Dep't, Christine K. Huffine, Lisa A. Wade and Bradley S. Wolff Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A02A1669

    The superior court erred in dismissing the appeal of a decision of the city of Atlanta Board of Zoning Adjustment BZA for lack of standing because it was bound by the facts presented to the BZA and

  • Gold Kist Inc. v. Moody

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A02A1225

    The trial court could not presume that a prior judge followed the law of the case on remand where that judge failed to do so on remand from a prior a

  • Board of Natural Resources v. Duke Energy Sandersville LLC

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Isaac Byrd, Diane L. DeShazo, Assistant Attorneys General, David C. Will and Kurt R. Ward Owen, Gleaton, Egan, Jones & Sweeney,Atlanta, for appellant.
    for defendant: Barbara H. Gallo, Daniel H. Sherman IV, Bruce P. Brown McKenna, Long & Aldridge LLP, Atlanta, and Robert M. Wynne, Sandersville, for appellee. Other party representation: Daniel S. Reinhardt Troutman Sanders LLP, Peter M. Degnan, Douglas E. Cloud, Daniel N. Esrey Alston & Bird, and Robert S. Ukeiley, Atlanta.
    Case Number: A02A1566

    The EPD's appeal was moot since the underlying administrative appeal was withdrawn and the case was dism