• Peacock v. Spivey

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William F. Rucker, Decatur, for appellant.
    for defendant: Theresa K. Read LaMalva, Read & Oeland, Conyers, Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly, James D. Coots, Cynthia A. Presto, Assistant Attorneys General, Atlanta, and Brandon A. Oren Jones, Cork & Miller, Macon, for appellees.

    Case Number: A05A1823

    The trial court properly dismissed the plaintiff's suit alleging that asphalt company employees spilled diesel fuel, causing damage and contamination to his property, since the plaintiff agreed to v

  • In the Interest of A. H.

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and T. Michael Flinn, Carrollton, for appellee.

    Case Number: A05A2170

    The mother could not complain about being unable to work toward her plan when she refused to cooperate with

  • Brown & Williamson Tobacco Corp. v. Gault

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Dorian N. Daggs Balch & Bingham LLP, William R. Bassett Jr., William E. Hoffmann Jr., Eric M. Wachter, Richard A. Schneider and Gordon A. Smith King & Spaulding LLP, Atlanta, for appellant.
    for defendant: Ralph I. Knowles Jr., Robert E. Shields, Leslie J. Bryan Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, and Clifford E. Douglas Tobacco Control Law & Policy Consulting, Ann Arbor, Mich., for appellees. Other party representation: Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, and Sidney R. Barrett Jr., Assistant Attorney General, Atlanta.

    Case Number: S05Q1465

    The state's product liability suit against the defendant, arising out of the manufacture or use of tobacco products, was a binding judgment, which unambiguously released and resolved the state's pun

  • Davenport v. State

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Bruce P. Dutcher and Raymond C. Mayer, Assistant District Attorneys, Newnan, for appellee.

    Case Number: A05A1728

    In light of the overwhelming evidence against the defendant, it is unlikely that the state's expert witnesses' testimony, which may have bolstered the rape and child molestation victim's credibility

  • Davenport v. State

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Bruce P. Dutcher and Raymond C. Mayer, Assistant District Attorneys, Newnan, for appellee.

    Case Number: A05A1728

    In light of the overwhelming evidence against the defendant, it is unlikely that the state's expert witnesses' testimony, which may have bolstered the rape and child molestation victim's credibility

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  • Mowell v. Marks

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Craig M. Frankel and Tamisa N. Wertz Gaslowitz Frankel LLC, Atlanta, for appellant.
    for defendant: William H. Major III Hawkins & Parnell, Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, and Nathan T. Lee Glover & Davis, Newnan, for appellees.

    Case Number: A05A2168

    A question remained as to whether the defendants furnished alcohol to the plaintiff's deceased minor child within the meaning of O.C.G.A. § 51-1-18 a-which grants custodial parents a right of action

  • Brown v. Columbus Doctors Hosp. Inc.

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John S. Taylor and Jefferson C. Callier Taylor, Harp, Callier & Morgan, Columbus, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.

    Case Number: A05A2292

    The trial court reversibly erred by failing to strike a prospective juror for cause, who stated that he would have a hard time being impartial, since his company had an on-going relationship with th

  • State v. Patel

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kermit N. McManus, District Attorney, Dalton, and Thurbert E. Baker, Attorney General, Atlanta, for appellant.
    for defendant: Jake Arbes, Atlanta, for appellee.

    Case Number: S06A0299

    Plea counsel's express misrepresentations regarding the long-term effect of the defendant's nolo plea on his medical practice constituted ineffective assis

  • North Atlanta Scan Assocs. Inc. v. Department of Community Health

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles L. Gregory and Jason E. Bring Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, James D. Coots, Assistant Attorney General, Thomas D. Watry Parker, Hudson, Rainer & Dobbs, John W. Ray Ray & Sherman and Alexander J. Simmons Jr. Schreeder, Wheeler & Flint, Atlanta, for appellees.

    Case Number: A05A1668

    The superior court did not err in affirming an administrative order requiring the plaintiff to cease operation of its diagnostic imaging center until it obtains a certificate of

  • Henderson v. Gandy

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Andrew R. Kirschner Kirschner & Venker PC, Atlanta, and Michael W. McElroy, Peachtree City, for appellant.
    for defendant: . Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial, Simuel F. Doster Jr., Paul E. Weathington, Robert T. Strang III, and Wayne D. Toth Allen &Weathington PC, Atlanta, for appellees.

    Case Number: S05G0674

    To maintain a legally sufficient claim under the Georgia Fair Business Practices Act against a health care provider, a plaintiff must allege that an entrepreneurial or business aspect of the provisi