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Publication Date: 2014-12-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Joseph Chancey, Meredith Guerrero Drew Eckl & Farnham LLP, Atlanta, Drake Zaharris, and Patricia Lambert Pessin Katz Law PA, Towson, for appellant.
for defendant: . William Holland, Edward Preston, and Gregory Talley Coleman Talley LLP, Valdosta, for appellee.
Case Number: A14A1235
The restrictive covenant in the parties' now-terminated agency agreement was unreasonable and unenforceable because it penalized the plaintiff for accepting unsolicited business from the defendant's
Publication Date: 2014-12-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Charles Bachman and Stuart Sims Gregory, Doyle, Calhoun & Rogers LLC, Marietta, for appellant.
for defendant: Cary Ichter and William Davis Ichter Thomas LLC, Atlanta, for appellee.
Case Number: A14A1100
A franchisor of childcare centers was entitled to the benefit of the bargain it made in the franchise agreement as to one percent of the franchisee's gross monthly revenue to be paid in advertising
Publication Date: 2014-12-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Edwin Wilson Frails & Wilson, Augusta, and John Clark, Elberton, for appellant.
for defendant: John Dickerson McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.
Case Number: A14A0967
The trial court improperly directed a verdict in favor of the defendant urologist in the plaintiff's medical malpractice suit, since there was evidence that the urologist participated in the patient
Publication Date: 2014-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Angela Adams, Bernard Taylor, Kacy M. Brake, and Michael Brown Alston & Bird LLP, Atlanta, for appellant.
for defendant: Robert James, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Kellie Hill, Assistant District Attorney, Decatur, for appellee.
Case Number: A14A1320
The trial court erred in imposing a sentence that differed from the understood terms of the defendant's negotiated
Publication Date: 2014-10-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Jessica Towne Clark & Towne PC, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.
Case Number: A14A1118
The child molestation defendant's trial counsel fulfilled his duty of providing the defendant with informed legal advice regarding the State's plea offer and counsel's performance was not defi
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Publication Date: 2014-10-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: James Rusert DLA Piper LLP, Paul Monnin Paul Hastings LLP, Atlanta, Raja Gaddipati, and Michael Poulos DLA Piper LLP, Chicago, Ill., for appellant.
for defendant: . Harmon Caldwell, Harry MacDougald Caldwell & Watson LLP, Atlanta, David Deary, Jeven Sloan, W. Ralph Canada Jr., Katherine Bennett, and John McKenzie Loewinsohn Flegle Deary, Dallas, Texas, for appellees.
Case Number: A14A1455
To the extent O.C.G.A. § 9-9-6 subsection a controls whether a Georgia court is the appropriate forum for pursuing a motion to compel arbitration, it is not preempted by the Federal Arbitratio
Publication Date: 2014-10-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Leon Hicks, Jonesboro, for appellant.
for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
Case Number: A14A0796
The defendant did not show that his counsel was ineffective in providing him with the requisite knowledge to make an informed and intelligent waiver of his right to a jury
Publication Date: 2014-09-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Barry Morgan, Solicitor General, Dana Norman, Michael Deariso, Assistant Solicitors General, and Danielle Russell Solicitor General's Office, Marietta, for appellant.
for defendant: Robert Chestney and Laura Wester The Chestney Law Firm, Atlanta, for appellee.
Case Number: A14A1096
The officer's inclusion of additional wording during his reading of the implied consent notice did not alter the substance of the notice and did not affect the DUI defendant's consent to te
Publication Date: 2014-09-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Dewey Hayes, Douglas, for appellant.
for defendant: Todd Handelman Gardner, Willis, Sweat & Handelman, Albany, for appellees. Other party representation: Douglas Witten State Bd. of Workers' Compensation, Atlanta. Amicus Curiae: Laurence Christensen, Marietta, and Luke Closson, Valdosta.
Case Number: A14A0436
The trial court erred in reversing the State Board of Workers' Compensation's award of attorneys' fees against the claimant's former employer, as there was some evidence to support the ALJ's determ
Publication Date: 2014-09-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
Case Number: A14A0774
The defendant was not entitled to the severance of charges involving the rape of three separate victims, since more than just their similar character connected the c
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