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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
Publication Date: 2003-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: William C. Thompson and Steven D. Caley Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
for defendant: Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellee.
Case Number: A03A0024
The jury's $5-million award to the plaintiff in his FELA suit was excessive and punitive in nature where plaintiff was 50 percent negligent, claimed only $3.14 million in damages, was capable of cle
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
Publication Date: 2003-07-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Richard P. Decker, William W. Briggs and Stacy E. Hyken Decker, Hallman, Barber & Briggs PC, Atlanta, for appellant.
for defendant: . Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
Case Number: A03A0780
Some evidence supported the plaintiff's claim that the defendant's nursing staff breached the applicable standard of car in the manner in which they administered IV therapy following plaintiff's cer
Publication Date: 2003-06-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: David L. Turner and Lou Litchfield Schulten, Ward & Turner LLP, Atlanta, for Georgia Oilmen's Assoc. Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, William W. Banks Jr. and John B. Ballard Jr., Assistant Attorneys General, Atlanta, for Georgia Dep't of Revenue. Other party representation: Mark H. Cohen Troutman Sanders, Fred B. Kitchens Jr. Wine & Spirits Wholesalers of Ga. Inc., and Ronald W. Rogers Stack & Rogers, Atlanta.
for defendant:
Case Number: A03A0474; A03A0475
Department of Revenue Rule 560-2-4-.02 correctly reflects the plain language of O.C.G.A. § 3-5-31 a and absolutely prohibits malt beverage retailers from buying beer from wholesalers outside of thei
Law Journal Press | Digital Book
Authors: Barry S. Goodman
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Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Atlanta, Harrison Kohler State Health Care Fraud Control Unit, Tucker, for appellant.
for defendant: Leonard L. Franco, Atlanta, and Thomas C. Rowsey, Cumming, for appellee in S02G0997. Thurbert E. Baker Jr., Attorney General, Atlanta, and Michael D. Johnson, Assistant Attorney General State Health Care Fraud Control Unit, Tucker, for appellant. James A. Yancey, Brunswick, for appellee in S02G1114.
Case Number: S02G0997; S02G1144
The state may prosecute Medicaid fraud cases under O.C.G.A. § 49-4-146.1 b 1 C, in any county where an act in furtherance of the crime took
Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
Case Number: A02A1832
The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known
Publication Date: 2003-04-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
for defendant: Lori G. Baer and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellees.
Case Number: A02A1832
The trial court did not err in charging the jury on hindsight where the evidence raised an issue of whether or not the plaintiff based her claims on later acquired knowledge or on information known
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: William U. Norwood III, John R. Bevis, Pope McGlamry Kilpatrick Morrison, James B. Finley Finley & Buckley, Atlanta, and Paul Kilpatrick Jr. Pope, McGlamry, Kilpatrick & Morrison LLP, Columbus, for appellant.
for defendant: John W. Denney Denney, Pease, Allison & Kirk, Douglas C. Vassy Tisinger, Tisinger, Vance & Greer, Columbus, Joseph H. Riches, Thomas McKay III and Richard M. Mackowski Cozen & O'Connor, Philadelphia, Pa., for appellees.
Case Number: A03A0594
The plaintiff failed to make out a prima facie claim for coverage under its property insurance policies for the cost incurred in making its computer systems Y2K comp
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
for defendant: Jeffrey B. Hanson and Mitchel P. House Jr. Sell & Melton, Macon, for appellee.
Case Number: A02A2217
Since the plaintiff's contribution claim required proof of the defendant's negligence in conjunction with a 10-year-old medical malpractice suit, the 5-year statute of repose for medical malpractice
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