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  • O'Kelley v. Cox

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John E. Stephenson Jr., Jeffrey J. Swart Alston & Bird LLP, Elizabeth L. Littrell American Civil Liberties Union, and Jack H. Senterfitt Lambda Legal Defense and Ed. Fund, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, and Stefan E. Ritter, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Robin F. Clark Jewett & Clark LLC, Scott C. Titshaw Arnall, Golden & Gregory LLP, Miles J. Alexander, Alexander S. Clay, Michael W. Tyler and Jill Warner Kilpatrick Stockton LLP, Atlanta.
    Case Number: S05A0236

    Georgia courts cannot encroach upon the legislative process and do not have any authority to bar the general election from proceeding exactly as it is presently sche

  • West Coast Cambridge Inc. v. Rice

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: S. Wade Malone Andre & Blaustein LLP, Atlanta, and Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellant.
    for defendant: . Richard A. Childs, Columbus, for appellee.
    Case Number: A03A0813

    The trial court should have applied the lesser degree of scrutiny applicable to covenants, which are ancillary to the sale of a business in reviewing a non-compete agreement, which the plaintiff si

  • West Coast Cambridge Inc. v. Rice

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, and S. Wade Malone Andre, Blausten & Green LLP, Atlanta, for appellant.
    for defendant: . Richard A. Childs, Columbus, for appellee.
    Case Number: A03A0813

    The trial court should have applied the lesser degree of scrutiny applicable to covenants, which are ancillary to the sale of a business in reviewing a non-compete agreement, which the plaintiff si

  • Georgia Dep't of Corrections v. Barkwell

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Senior Assistant Attorney General, John B. Ballard Jr., Assistant Attorney General, K. Prabhaker Reddy and Donahue S. Silvis Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Robert C. Harrison Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A02A1355

    The Department of Corrections can sue for reimbursement of state funds used to treat inmates injured in an automobile coll

  • Bossard v. Atlanta Neighborhood and Dev't Partnership Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. Ford Sr. and Michael G. Webb Ford & Barnhart, Atlanta, for appellant.
    for defendant: Heather C. McGrotty, Jason P. King Hall, Booth, Smith & Slover PC, Peter R. York and William H. Major III Hawkins & Parnell, Atlanta, for appellees.
    Case Number: A01A2139

    Although the plaintiff knew that there were multiple overhead lines in the area where he was installing metal gutters, there was no evidence that he knew that one of the lines was energized and unin

  • Multi-State Contracting Corp. v. Midwest Indem. Corp.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Amy E. Loggins Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: Jefferson B. Slagle Thompson & Slagle PC, Norcross, Richard A. Marchetti Marchetti & Lomas LLP, Columbus, Stephen L. Goldner Goldner, Sommers, Scrudder & Bass, and Brian C. Near, Atlanta, for appellees.
    Case Number: A01A1203

    A surety was not responsible for a sing agent's diversion of funds held in escrow because the disbursement agreement did not establish a principal/agent relationship between the surety and the

  • Murph v. Maynard Fixturecraft Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Bruce H. Carraway III Moskowitz & Carraway, Atlanta, for appellant.
    for defendant: Robert C. Semler, Lynda S. Williams Webb, Carlock, Copeland, Semler & Stair, Atlanta, and Teri Y. Callahan Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellees.
    Case Number: A01A1665

    A Tennessee company was estopped from denying workers' compensation coverage for the plaintiff's injuries, because the company contractually obligated itself to ensure that its subcontractors' emplo

  • Washington Rd. Developers LLC v. Weeks

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William A. Trotter III, Augusta, for appellant.
    for defendant: Allison M. Lawler Misner Scott & Grate, Atlanta, Wendell E. Johnston Jr. and William J. Williams Johnston, Wilkin & Williams, Augusta, for appellee.
    Case Number: A01A1220

    A developer who sold a structurally defective townhouse to the plaintiff could not insulate itself from liability for defects by claiming that any negligent work was performed by independent contra

  • Arnold v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Alan J. Baverman, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Timothy B. Lumpkin, Assistant District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2375

    Evidence that defendant threatened to shoot one of the arresting officers supported his convi for felony obstru

  • Harkins v. CA 14th Investors Ltd.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: George A. Koenig Dennis, Corey, Porter & Gray, James S. Strawlinski and Nicole L. Wolfe, Atlanta, for appellant.
    for defendant: William E. Zschunke, Melissa C. Duffey Webb, Carlock, Copeland, Semler & Stair, Allan R. Perry Jr., Marcus S. Sacks Kilpatrick Stockton LLP and R. Chris Irwin, Atlanta, for appellees. Other party representation: Matthew H. Patton and J. Michael Wiggins Kilpatrick Stockton LLP, Atlanta.
    Case Number: A00A1990

    Former employee could not recover damages for the injuries he sustained when he slipped and fell in his former employer's parking lot because he executed a release discharging all claims against the