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  • American Computer Tech. Inc. v. Hardwick

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wayne B. Kendall, Fairburn, for appellant.
    for defendant: Kevin A. Ross, Atlanta, for appellee.
    Case Number: A05A0144

    The defendant ratified a fee agreement contract to pay the plaintiff 4-percent of its $2.9 million recovery against the city of Atlanta when it paid the full amount as set forth in the contract, wit

  • Lewis v. Smith

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James W. Lewis, Mableton, for appellant.
    for defendant: Glenville Haldi, Roswell, for appellee. Other party representation: Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton.
    Case Number: A05A0624

    An attorney whose client prevents him from recovering under a contingency contract has a remedy in quantum m

  • Kahlig v. Martinez

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Stuart A. Kurtz, Marietta, for appellant.
    for defendant: James W. Hays Hays & Potter PC, Atlanta, for appellee.
    Case Number: A04A2361

    Because the plaintiff's foreign motion for confirmation of a ju did not constitute a new suit, her failure to serve the defendant with the motion did not entitle him to have the domesticated j

  • Rowen v. Estate of Jerry Bernard Hughley Jr.

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Sharon W. Rowen Rowen & Klonoski PC, Atlanta, for appellant.
    for defendant: Margaret C. Courtright, Decatur, for appellees. Other party representation: Derrick A. Pope, Atlanta.
    Case Number: A04A1985

    The probate court did not abuse its discretion in rejecting the guardian ad litem's contingency fee agreement, since a probate court has a specific responsibility in matters involving the settlement

  • Doman v. Stapleton

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul S. Weiner, Jonesboro, James T. McDonald Jr. and Terry O. Brantley Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant:
    Case Number: A05A0674

    Issues involving the sufficiency of the evidence at an arbitration hearing were not subject to r

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Durden v. Suggs

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Melanie Durden, Decatur, proceeded pro se. Eldridge Suggs, Atlanta, proceeded pro se.
    for defendant:
    Case Number: A04A2095

    The plaintiff failed to establish any of the statutory grounds for vacating an arbitration award under O.C.G.A. § 9-9

  • In the Interest of S. J.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David P. Smith, Smyrna, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and Betty R. Blass Edwards, Friedwald & Grayson, Marietta, for appellee.
    Case Number: A04A0836

    The evidence did not support the juvenile court's deprivation

  • Rhone v. Bolden

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James T. McDonald Jr. and Jamie P. Woodard Swift, Currie, McGhee & Hiers LLP, Atlanta, for Rhone and others. Allen W. Bodiford, Stockbridge, and James B. McGinnis, Lawrenceville, for Bolden. Johannes S. Kingma, Shannon M. McKenzie Carlock, Copland, Semler & Stair, and Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for Devlin and others. Other party representation: Richard B. Maner Goodman, Hudnall, Abrams PC, Elizabeth J. Bondurant Carter & Ansley, Atlanta, and Ann J. Herrera Russell & Herrera PC, Decatur.
    for defendant:
    Case Number: A04A1596; A4A1597; A04A1598

    The trial court erred in identifying the contempt as criminal instead of civil, where the parties found in contempt were not punished for their past deeds and could purge themselves of the contempt

  • Richards v. Georgia Dep't of Community Health

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael J. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Joel M. Grist Jr. Grist & Brock LLP, Macon, for appellants. Thurbert E. Baker, Attorney General, and Laura W. Hyman, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: David A. Webster, Atlanta.
    Case Number: S04A0866

    The Georgia Department of Community Health has a lien on all funds recovered by Medicaid recipients in a tort action, not just the portion of a tort re that is specifically denominated as a r

  • R. W. Holdco Inc. v. Johnson

    Publication Date: 2004-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcia M. Ernst, Edward H. Wasmuth Jr., William Van Hearnburg Jr. and John G. Despriet Smith, Gambrell & Russell, Atlanta, for R. W. Holdco Inc. Alan E. Johnson, Orange, Va., proceeded pro se. Anthony W. Morris McKenna, Long & Aldridge LLP, Atlanta, for Anderson, Davidson & Tate PC. Amelia T. Rudoph, John A. Chandler, Patricia A. Gorham and Joseph A. White Sutherland, Asbill & Brennan LLP, Atlanta, for Moore Stephens Tiller LLC.
    for defendant:
    Case Number: A04A0478; A04A0479; A04A0480; A04A0481

    The defendant attorneys did not breach their fiduciary duty to the plaintiff company because they made the proper disclosures to the officer with apparent authority to authorize the subject transa