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  • Atlanta Bread Co. Int'l Inc. v. Lupton-Smith

    Publication Date: 2009-07-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David M. Monde, Lucas W. Andrews Jones Day, Atlanta, and Douglas R. Cole, Columbus, Ohio, for appellant.
    for defendant: R. Randy Edwards, Scott A. Cochran Cochran & Edwards LLC, Smyrna, for appellees. Amicus appellant: William K. Whitner, Noelle Aagueux-Alvarez and John G. Parker Paul, Hastings, Janofsky & Walker LLP, Atlanta.
    Case Number: S08G1815

    A restrictive covenant in a franchise agreement was unreasonable as a matter of law, because it contained shifting and expanding territorial restric

  • Duke v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurry, Newnan, for appellee.
    Case Number: A09A0721

    The evidence presented at trial raised more than a mere suspicion that the defendant was guilty of repeatedly raping his dau

  • Fortis Ins. Co. v. Kahn

    Publication Date: 2009-06-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory F. Harley Burr & Forman LLP, Atlanta, and Frank G. Burt Jorden Burt LLP, Washington, D.C., for appellant.
    for defendant: . Roy E. Barnes, John R. Bevis The Barnes Law Group, Marietta, Philip W. Savrin, Jacob E. Daly Freeman, Mathis & Gary LLP, Atlanta, L. Andrew Hollis and Steven W. Couch Hollis & Wright PC, Birmingham, Ala., for appellee.
    Case Number: A09A0486

    The trial court did not abuse its discretion in finding that common i of law and fact predominate over individual i

  • Robinson v. State

    Publication Date: 2009-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0557

    The trial court did not abuse its discretion in recharging the jury in response to the foreman's report that half of everybody wanted more evi

  • Johnson v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A0281

    The jury was entitled to draw an inference from defendant's possession of a stolen

  • Davis v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A09A0657

    The arresting officer did not exceed the scope of a consent search by unlocking a vehicle's trunk, since the officer put the driver on notice that he was looking for contr

  • Gipson v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Marietta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0544

    The state's lead investigator's testimony that the defendant chose to ' "invoke his Miranda Rights and did not want to speak without an attorney," ' had no direct bearing on the defendant's defense

  • Hammett v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A09A0460

    The defendant failed to show an abuse of discretion or manifest injustice necessary to withdraw his negotiated guilty pleas after he was sent

  • Gramm v. City of Stockbridge

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Warren R. Power and Alex R. Roberson Power & Cooper PC, McDonough, for appellant.
    for defendant: A. J. Welch Jr. and William A. White Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A08A2269

    The city erred in dismissing the action after the trial court entered a condemnation judgment and the city acquired title to the pro

  • Johnson v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dustin K. Kirby, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Leslie S. Jones, Assistant District Attorney, Athens, for appellee.
    Case Number: A09A0083

    Dispatch's report to the arresting officer that the defendant had not been served with notice of his license suspension did not affirmatively establish that the defendant had no actual or legal noti