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  • Eisenstein v. DiPrimio

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jay E. Loeb Olim & Loeb LLP, Atlanta, for appellant.
    for defendant: . Keith J. Reisman Holland & Knight and J. William Boone Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A00A1413

    The law firm that received the proceeds of a usurious business loan from the debtor to satisfy an unrelated judgment was entitled to defend the tor's constructive trust claim by arguing that th

  • Leal v. Hobbs

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James T. McDonald Jr., Julia M.B. Haffke and Amy Greenstein Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Carol Deloach Shapiro, Fussell, Wedge, Smotherman, Martin & Price LLP, Walter H. Beckham III Kirwan, Parks, Chesin & Remar PC, Atlanta, for appellees. Other party representation: Vincent D. Hyman City of Atlanta and Kim E. Anderson Alston & Bird, Atlanta.
    Case Number: A00A1205

    Plaintiff failed to show that student intern was negligent in administering intravenous tions to her husband under the direct supervision of an ambulance para

  • 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

  • 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

  • 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

  • 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

  • Watts v. Promina Gwinnett Health Sys.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Jerome J. Froelich Jr., David M. Kupsky McKenney & Froelich, William R. Reece III Spix, Krup & Reece, Atlanta, Ellen M. Doyle and Richard A. Finberg, Pittsburgh, Pa., for appellant.
    for defendant: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Other party representation: Robert D. McCallum Jr. Alston & Bird, Atlanta, and David S. Snyder, Pittsburgh, Pa.
    Case Number: A00A0368

    Plaintiff who voluntarily paid hospital's lien for treatment of her car accident injuries could not complain that the hospital charged more than allowed under its agreement with her health in

  • Department of Revenue v. Sledge

    Publication Date: 2000-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Senior Assistant Attorney General, Stefan E. Ritter and Anthony J. Musto, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: . Timothy J. Peaden Alston & Bird, Atlanta, for appellees.
    Case Number: A99A2277

    Since partnership conducted business in Ge its out-of-state partners had to pay Ge income taxes on their share of profits even though they personally conducted no business in Ge