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  • McCarter v. Bankers Trust Co.

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark D. Welsh, Duluth, for appellant.
    for defendant: Larry W. Johnson and Brian S. Tatum Morris, Schneider & Prior LLC, Atlanta, for appellees.
    Case Number: A00A1370

    Because the plaintiff admitted that the defendants foreclosed her house according to the forecl statute, she had no cause of action for wrongful forecl

  • Skipper Sams v. Roswell-Holcomb Assocs.

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Curtis R. Richardson, Decatur, for appellant.
    for defendant: Robert D. Wildstein Bodker, Ramsey & Andrews PC and Ann S. Infinger Arnall, Golden & Gregory, Atlanta, for appellee.
    Case Number: A00A2436

    Because the plaintiff did not rescind its con to assume a commercial lease, the plaintiff was bound by the terms of the written con

  • Hulcher Servs. Inc. v. R.J. Corman R.R. Co. LLC

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Alan E. Lubel, Mary F. Mackin and Andrew M. Greene Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Frederick T. Smith and Donna L. Keeton Seyfarth Shaw Fairweather & Geraldson, Atlanta, for appellees.
    Case Number: A00A2475

    Georgia trial courts will not apply choice of law clauses in employment contracts where the chosen law contravenes Georgia public p

  • Williams v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles D. Strickland, Lavonia, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A00A2376

    Because the evidence showed that defendant was in actual possession of the cocaine buried in his backyard, he could not claim harmful error arising out of the superior court's charge indicating that

  • Jones v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ronald G. Shedd, Rome, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A00A2576

    The defendant was not entitled to an instruction on the standard applicable to a waiver of his Sixth Amendment right to counsel at the time he confessed because adversary judicial proceedings had n

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

    Authors: Michael D. Malfitano

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  • Williams v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A2134

    The evidence supported the defendant's conviction for repeatedly raping the victim at gun

  • Few v. Capitol Materials

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Terrence L. Croft King & Croft, Atlanta, for appellant.
    for defendant: Ira L. Rachelson Rachelson & White, Atlanta, for appellee.
    Case Number: A00A2566

    The plaintiff's alleged failure to comply with the lien notice requirements under OCGA § 44-14-361.1 a 4 did not bar its recovery against the surety bond which the defendant posted to secure a disch

  • Warden v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: A. Lee Hayes Brimberry Kaplan & Brimberry PC, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Sadhana Pandey, Assistant District Attorney, Albany, for appellee.
    Case Number: A00A2398

    The state properly established the chain of custody to the plastic bags of cocaine that fell to the ground during the struggle to arrest the defe

  • State v. Ledford

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lydia J. Sartain, District Attorney, Deborah R. Mitchell and Jason J. Deal, Assistant District Attorneys, Gainesville, for appellant.
    for defendant: George H. Law III Whitmer and Law, Gainesville, for appellee.
    Case Number: A00A1963

    The defendant's consent to her bag was irrelevant, because the defendant initially claimed the bag was not hers and the officer saw the drugs in the bag before defendant told him he could not

  • Browns Mill Dev. Co. Inc. v. Denton

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Neal J. Quirk, Joseph P. Farrell and Brendan H. Parnell Quirk & Quirk, Atlanta, for appellant.
    for defendant: . Andrew M. Thompson and Stephen E. O'Day Smith, Gambrell & Russell, Atlanta, for appellees. Other party representation: Gerald R. Weber Jr. and Robert Tsai ACLU of Ga., Atlanta.
    Case Number: A00A2582

    The developer's trespass claim did not come within O.C.G.A. § 9-11-11.1, the Anti-SLAPP Act, because that claim did not involve free speech as part of defendant's petition to the gover