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  • Conway v. Romarion

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Stanley M. Lefco Lefco & Blumenthal, Atlanta, for appellant.
    for defendant: . Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, for appellees.
    Case Number: A01A1299

    A merger clause in the parties' purchase and sales con did not prevent the plaintiffs from claiming fraud arising from representations in the con

  • Dyer v. Honea

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for Dyer. William M. Droze Troutman Sanders, Atlanta, Jerry A. Daniels Daniels & Taylor, Dennis L. Collins III, Lawrenceville, and Jonathan J. Wade Webb & Lindsey, Peachtree City, for Joel Honea. Jerry A. Daniels Daniels & Taylor, Lawrenceville, for Robert Honea. Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for Wayne Bailey. Other party representation: Walter M. Britt Chandler & Britt, Buford.
    for defendant:
    Case Number: A01A0991; A01A0992; A01A0993

    The pendency of plaintiff's viable claims against other defendants did not bar his legal malpractice claim because the alleged malpractice did not arise out of the defending attorney's handling of a

  • Bryan v. Brown Childs Realty Co. Inc.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald M. Edenfield, Susan W. Cox Edenfield, Stone & Cox and Robert S. Lanier Jr., Statesboro, for Bryan. James B. Franklin and Daniel B. Snipes Franklin, Taulbee, Rushing, Snipes 7 Marsh, Statesboro, for Brown Childs Realty.
    for defendant:
    Case Number: A01A1049; A01A1050

    The law of case as determined in a prior appeal was not affected by the parties' settlement of a portion of the action which contained an explicit agreement that all claims and defenses remained pe

  • Licker v. Harkleroad

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jeffrey H. Schneider Weissman, Nowack, Curry & Zaleon PC, Atlanta, for appellant.
    for defendant: . David H. Flint, Lynn C. Stewart Schreeder, Wheeler & Flint, Atlanta, and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellees.
    Case Number: A01A1221

    Amendments to a subdivision's restrictive covenants which allowed for the commercial use of less than all of the lots were invalid without the consent of the adversely affected property owners beca

  • Nicholas v. Van

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jack L. Park Jr., Zebulon, for appellant.
    for defendant: Richard L. Collier, Griffin, and Laurel E. Henderson, Atlanta, for appellees.
    Case Number: A01A1529

    Plaintiff's suit against the city for negligent approval of a commercial development plan was barred for failure to provide timely anti litem n

  • Law Journal Press | Digital Book

    Wage & Hour Collective and Class Litigation

    Authors: Noah A. Finkel, Brett C. Bartlett, Andrew M. Paley

    View this Book

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  • Multi-State Contracting Corp. v. Midwest Indem. Corp.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Amy E. Loggins Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: Jefferson B. Slagle Thompson & Slagle PC, Norcross, Richard A. Marchetti Marchetti & Lomas LLP, Columbus, Stephen L. Goldner Goldner, Sommers, Scrudder & Bass, and Brian C. Near, Atlanta, for appellees.
    Case Number: A01A1203

    A surety was not responsible for a sing agent's diversion of funds held in escrow because the disbursement agreement did not establish a principal/agent relationship between the surety and the

  • Swartz Invs. LLC v. Vion Pharm. Inc.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Bruce H. Beerman Burr & Forman LLP, Atlanta, Ross J. Adams, Marietta, and Carlton M. Johnson Jr. Swartz Investments, Roswell, for appellant.
    for defendant: J. D. Humphries III, Paul J. Pontrelli and David S. Mohl Stites & Harbison PLLC, Atlanta, for appellee.
    Case Number: A01A1316

    A non-circumvention agreement which sought to prevent a pharmaceutical company from entering into any agreement or transaction with six named investors for a period of five years was unenforceably o

  • The Columbus Clinic PC v. Liss

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ray L. Allison Dennis, Pease, Allison, Kirk & Lomax and Robert R. Lomax Marchetti & Lomax LLP, Columbus, for appellant.
    for defendant: James E. Humes II Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellee.
    Case Number: A01A1147

    A jury question remained as to whether an ee's handwritten offer to resign approximately 90 days in the future was an official letter of resignation such that it triggered other aspects of his

  • Mark Turner Properties Inc. v. Evans

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Scott A. Cochran Cochran, Camp & Snipes, Smyrna, for appellant.
    for defendant: Thomas E. Cauthorn III and Melissa M. Nohr Cauthorn & Phillips, Marietta, for appellee.
    Case Number: S01A1051

    Defendant's title to property she purchased at a tax sale did not ripen by prescription because she never occupied the property or engaged in any act evidencing possession or a claim of ownership, e

  • Mansour Properties LLC v. Reinhardt College Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Peter M. Degnan and Lori P. Hughes Alston & Bird, for appellant.
    for defendant: . John D. Cline Dana M. Thompson & Assocs., Canton, John P. O'Brien, Daniel E. Tranen Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A01A1059

    Third-party investors had no rights under a real estate sales contract which provided for the payment of a broker's commi