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  • Lee v. CNH Am. LLC

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Benjamin Baker Beasley, Allen, Crow, Methvin, Portis & Miles PC, Montgomery, Ala., for appellant.
    for defendant: Brannon Arnold and Johnathan Krawcheck Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A13A0696

    The trial court did not err in giving the pattern jury charge on assumption of the risk in a product liability action arising from the death of the plaintiff's husband while using a new tractor the

  • DeKalb Ctny. Sch. Dist. v. Gold

    Publication Date: 2012-11-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Allegra Lawrence, Laurance Warco, Lee Peifer Sutherland Asbill & Brennan LLP, Atlanta, and Thomas Bundy III Sutherland Asbill & Brennan LLP, DC, for appellant.
    for defendant: . Roy Barnes, John Salter, and Charles Bailey The Barnes Law Group LLC, Marietta, for appellees.
    Case Number: A12A0824

    Sovereign immunity barred the plaintiff teachers' suit against th ol district asserting, among other claims, declaratory judgment, unjust enrichment, promissory estoppel, and conversion after t

  • Chaudhuri v. Fannin Reg'l Hosp.

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Patricia Ball Ball Family Law, Canton, for appellant.
    for defendant: Gregory Sicilian and Robert Khayat King & Spalding LLP, Atlanta, for appellee.
    Case Number: A12A0100

    The trial court erred in construing a physician's service contract as prohibiting the physician from working elsewhere while on call and in concluding that he was not entitled to be paid for on-call

  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a

  • Young v. Stump

    Publication Date: 2008-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1381

    The decedent's ex-wife waived and all claims to his retirement accounts, including an IRA, as part couple's joint settlement agreement and the settlement agreement operated as waiver

  • Weil v. Paseka

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Marion T. Pope Jr. Hasty, Pope & Ball, Canton, and Jonathan J. Tuggle Warner, Mayoue, Bates & Nolen PC, Atlanta, for appellant.
    for defendant: Elizabeth G. Lindsey Davis, Matthews & Quigley, and Rebecca L. Crumrine Carter & Ansley LLP, Atlanta, for appellee.
    Case Number: A06A1273

    The trial court erred in failing to note on the record whether the additional support obligations imposed on the mother-the costs involved with court-ordered supervised visitation and the child's he

  • Callahan v. Cox

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Paul A. Dietrick Dietrick, Evans, Sholz & Williams, Atlanta, for appellant.
    for defendant: . W. Courtney LaFon and Beverly J. Hall LaFon & Hall, Roswell, for appellee.
    Case Number: A06A0348

    A question of fact remained as to whether 90-year-old Alzheimer's patient was competent to execute a cancellation note on a promissory note securing $40,400 loan to defen

  • Sampson v. Haywire Ventures Inc.

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas J. Davis and Wayne S. Tartline Belli, Weil, Grozbean & Davis LLP, Atlanta, for appellant.
    for defendant: . John D. Mura Jr. Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A06A0103

    The trial court erred in dismissing the defendant's counterclaim with prejudice, because the counterclaim, which arose after the defendant filed his original answer, was permissive, not compu

  • Wallace v. Bock

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wayne S. Tartline and Douglas J. Davis Belli, Weil, Grozbean & Davis LLP, Atlanta, for appellant.
    for defendant: . Ted Marcus, Atlanta, for appellees.
    Case Number: A04A1769

    The merger doctrine did not mandate a finding that the parties' subsequent escrow agreement extinguished the plaintiff's claim against the defendant for breach of a contract to purchase a new

  • Blueshift v. Advanced Computing Techs. Inc.

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore H. Lackland, Atlanta, for appellant.
    for defendant: Matthew P. Benson Webb, Tanner & Powell, Lawrenceville, for appellee.
    Case Number: A05A0261

    The plaintiff could not recover in quantum meruit for the defendant's alleged breach of the parties' consulting con