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  • Balmer v. Elan Corp.

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: E. Wycliffe Orr, Gainesville, for appellant.
    for defendant: . John F. Meyers and Latonya S. Moore Seyfarth, Shaw, Fairweather & Geraldson, Atlanta, for appellees.
    Case Number: A03A0634

    The trial court properly dismissed the plaintiffs' wrongful discharge suit based on their status as at-will employees and their failure to state a claim upon which relief could be gr

  • Crossley v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Larkin M. Lee Virgil Brown & Assocs., Zebulon, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Lydia M. Ferguson, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A03A1210

    A defendant who claimed that he blacked out before he became intoxicated was not entitled to present a involuntary intoxication de

  • Imex Int'l Inc. v. Wires Engineering

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: R. Chris Phelps Phelps, Campbell & Webb LLP, and Robert F. Leverett Leverett & Daughtry LLC, Elberton, for appellant.
    for defendant: Roy E. Manoll III and Richard G. Douglass Fortson, Bentley & Griffin PA, Athens, for appellees.
    Case Number: A03A1218; A03A1219

    No genuine issue of material fact remained regarding the purchase price of a plastification machine since the defendant admitted delivery and receipt of goods that were invoiced for $89,000 and pai

  • Stephenson v. Roper Pump Co.

    Publication Date: 2003-05-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Arthur S. Archibald Silver & Archibald LLP, Athens, for appellant.
    for defendant: Gary R. Hurst and Amy B. Siegel Drew, Eckl & Farnham LLP, Atlanta, for appellees. Other party representation: Lee Southwell State Bd. of Workers Compensation, Atlanta.
    Case Number: A03A1166

    An employer's failure to pay income benefits before filing an untimely notice to controvert its employee's workers' compensation claim did not preclude the employer from presenting a statute of lim

  • Thompson v. Zwiren

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jim N. Peterson Jr. Gill, Peterson & Harris PC, Atlanta, for appellant.
    for defendant: Anna B. Fretwell and Robert P. Monyak Love, Willingham, Peters, Gilleland & Monyak LLP, Atlanta, for appellees.
    Case Number: A01A1931

    The Court of Appeals adopted the Supreme Court's judgment that the trial court did not reversibly err in charging the jury that the plaintiff had to prove her case within a reasonable degree of medi

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • D. G. Jenkins Homes Inc. v. Wood

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
    for defendant: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellees.
    Case Number: A03A1120

    The defendant was entitled to a directed verdict on laintiffs' claims for negligent construction, negligent design and negligent reconstruction since laintiffs failed to show an interest i

  • Fischer v. State

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lee Sexton and Joseph S. May Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Evelyn P. Sandefur, Master Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A03A0951

    The arresting officer's participation in a marked, secondary road positioned 20 yards from the primary road did not negate the lawfulness of the road

  • Smiley v. S & J Invs. Inc.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: . Glen M. Darbyshire Inglesby, Falligant, Horne, Courington & Chisholm, Maury B. Rothschild, Savannah, and Ryburn C. Ratterree Ellis, Painter, Ratterree & Bart, Savannah, for appellees.
    Case Number: A02A1949

    The plaintiffs could not sue an engineer consulting group hired by a real estate seller for negligent representation because plaintiffs lacked privity with the engi

  • Smith v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A03A0978

    A victim's immediate presence in the context of the armed robbery statute extends to situations where the taking occurs outside of the victim's physical presence, if the item taken was initially un

  • First Am. Title Ins. Co. v. Broadstreet

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frederic S. Beloin, Matthew A. Barrett and Charles W. Brown Beloin & Assocs., Atlanta, for appellant.
    for defendant: Kurt M. Thomas, Carrollton, for appellee.
    Case Number: A02A2264

    The trial court lacked venue under the insurance code in an action which did not arise out of the defendant's role as an in