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  • Corey v. Clear Channel Outdoor Inc.

    Publication Date: 2009-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mairen C. Kelly, Matthew R. Simpson and Griffin B. Bell Jr. Fisher & Phillips, Atlanta, for appellant.
    for defendant: . John W. Harbin, W. Ray Persons King & Spalding,Damon J. Whitaker, John T. Marshall, Eric P. Schroeder Powell Goldstein LLP and William V. Custer IV Bryan Cave LLP, Atlanta, for appellees. Other party representation: Michael J. Bowers and J. Matthew Maguire Jr. Balch & Bingham, Atlanta.
    Case Number: A09A0304; A09A0005; A09A0306

    The trial court properly dismissed the defendant's counterclaim, since the non-competition clause in the parties' purchase agreement did not create an implied duty on the buyer's part to refrain fro

  • Jordan Jones and Goulding Inc. v. Newell Recycling of Atlanta Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph C. Staak and Robert O. Fleming Jr. Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: H. Fielder Martin and Stephen G. Lowe Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellee.
    Case Number: A09A1397

    The applicable 4-year statute of limitation period for professional malpractice claims barred the plaintiff's breach of contract suit for defects in an automobile shredding facility, which the defen

  • DuPree v. South Atlantic Conference of Seventh Day Adventists Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Donna J. Salem Salem & Wong and Wendell K. Willard, Atlanta, for appellees.
    Case Number: A09A0722

    A factual questioned remained as to whether the defendant waived its right to object to plaintiff's failure to make a second earnest money deposit 10 days before the scheduled cl

  • Etowah Environmental Group v. Advanced Disposal Servs. Inc.

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: David J. Forestner and H. Wayne Phears Phears & Moldovan, Atlanta, for appellant.
    for defendant: . Michael J. Bowers, T. Joshua Archer, Scott E. Hitch and Malissa A. Kaufold-Wiggins Balch & Bingham LLP, Atlanta, for appellees.
    Case Number: A08A1660

    The appellants' tort claims arising out of the valuation of certain shares in an LLC, which the parties formed to operate solid waste disposal facilities, after it merged into appellees' holding com

  • Nash v. Compass Bank

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard J. Storrs, Atlanta, for appellant.
    for defendant: . Sara L. Doyle and Allen A. Hendrick Holland & Knight LLP, Atlanta, for appellee.
    Case Number: A08A2374

    The appellee showed that the partially completed office park at issue sold for its true value of $2.6 during a foreclosure sale, after the appellant defaulted on a $3.5M

  • Jarrell v. JDC & Assocs.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer R. Chapin, Atlanta, for appellant.
    for defendant: . Adam H. Long, Veronica H. Cope Allen, Kopet & Assocs. PLLC, and LaShawn W. Terry Hollowell, Foster & Gepp, Atlanta, for appellees.
    Case Number: A08A1684

    The defendants did not breach the duty they owed to the plaintiff as a licensee on their premises, since no evidence showed that either defendant wilfully or wantonly injured the plaintiff or that t

  • Campbell v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher G. Paul, Public Defender, and William T. Elsey, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Allen R. Knox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A08A2188

    The defendant stabbed the victim during an altercation and the victim later died of his w

  • Ameris Bancorp v. Ackerman

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James H. Moore III and Allen H. Olson Moore, Clarke, Duvall & Rodgers PC, Albany, for appellant.
    for defendant: Kevin T. Butler, Cairo, for appellee.
    Case Number: A08A1588

    The exculpatory language in the guarantee executed along with the lease and note in question did not bar the plaintiff's claims, since the guaranty applied to the city of Cairo's obligations to the

  • Bragg v. Oxford Constr. Co.

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Craig A. Webster The Webster Firm PC, Norcross, and Ralph O. Scoccimaro Brown & Scoccimaro PC, Albany, for appellant.
    for defendant: . Carrie L. Christie Rutherford & Christie, and Frank M. Lowrey IV and Nicole G. Iannarone Bondurant, Mixson & Elmore, Atlanta, for appellee.
    Case Number: S08G1031

    The acceptance doctrine applicable to independent contractors barred the plaintiffs' recovery against the defendant for injuries allegedly caused by the defendant's work under contract for the count

  • Houston v. Phoebe Putney Mem. Hosp. Inc.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Laura M. Shamp Brown & Shamp, Atlanta, for appellant.
    for defendant: . Carl R. Langley Langley & Lee, Albany, for appellees.
    Case Number: A08A1844

    The trial court erred in dismissing the medical malpractice plaintiff's complaint for failure to file a legally sufficient expert affi