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  • Wimbush v. Confederate Packaging Inc.

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bradford W. Thomas and Michael J. Warshauer Warshauer, Woodruff, Thomas & Wallace PC, Atlanta, for appellant.
    for defendant: Carr G. Dodson Jones, Cork & Miller, Macon, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.
    Case Number: A01A2413

    Plaintiff could not base a claim for punitive damages on the property damage that resulted from an on-the-job i

  • In the Interest of K. S. K.

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen E. Garner Murphy, Murphy & Garner, Bremen, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Ana M. Rountree, Dallas, and Thomas M. Witcher, Bremen, for appellee.
    Case Number: A02A0360

    Clear and convincing evidence supported the termination of the mother's parental rights where she attempted suicide while pregnant with the child, gave birth to the child while in prison and was add

  • Hooper v. State of Georgia

    Publication Date: 2002-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ralph J. Hunstein, Monroe, for appellant.
    for defendant: Thomas W. Hayes and Gary D. Bergman Prosecuting Attorney's Council of Ga., Smyrna, for appellees.
    Case Number: A01A1446

    The state failed to sustain the forfeiture of a tavern under O.C.G.A. § 16-13-49 because it did not prove that the tavern in question was located on the defendant real pro

  • Georgia Textile Mach. Inc. v. Federal Express Corp.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John T. Longino, Ellijay, for appellant.
    for defendant: James W. Martin Simpson Law Offices LLP, Atlanta, for appellee.
    Case Number: A01A0866

    Defendant's failure to provide written notice of damage within seven days of receiving a shipment from the Czech Republic as required under Article 26 of the Warsaw Convention barred its counterclai

  • The Professional Standards Comm'n v. Denham

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Atlanta, William W. Calhoun, Assistant Attorney General, and Christina L. Folsom Langley & Lee LLC, Albany, for appellant.
    for defendant: Melinda B. Phillips Benson & Phillips PC, Tifton, for appellee.
    Case Number: A02A0052

    The superior court exceeded its authority in overturning a decision of the Profession Standards Commission which had a rational

  • Law Journal Press | Digital Book

    Start-Up & Emerging Companies: Planning, Financing, and Operating the Successful Business

    Authors: Dror Futter, Esq.

    View this Book

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  • Crane Bros. Inc. v. May

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lawrence A. Stockton Jr. Stockton & Stockton, Clayton, for appellant.
    for defendant: Timothy P. Healy, Toccoa, for appellee.
    Case Number: A01A2281

    An employer who is vicariously liable for its employee's torts should be allowed to present evidence that the employee was convicted and punished in mitigation of a claim for punitive da

  • Bowden v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Jeanne M. Canavan, Assistant District Attorney, Decatur, for appellee.
    Case Number: A02A0042

    Defendant intentionally burned his common law wife with an iron after he pushed her onto the

  • Soloman v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0238

    The officer's detection of the odor of marijuana in the vicinity of defendant's car provided probable cause for a s

  • Ye v. The Kroger Co.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alan B. Fecteau, Clarkesville, for appellant.
    for defendant: Douglas A. Wilde Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A01A1637

    Defendant had probable cause to prosecute plaintiff for shoplifting based on plaintiff's admission that he placed a box of condoms in his pocket and failed to pay for them before exiting defendant's

  • Brown v. Belinfante

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Curtis A. Thurston Jr., Atlanta, for appellant.
    for defendant: Mathew S. Coles Smith, Gambrell & Russell, Atlanta, for appellees. Other party representation: Robert C. Christenson Fisher & Phillips, Atlanta.
    Case Number: A01A1339

    A dentist committed negligence per se by performing elective cosmetic procedures in violation of O.C.G.A. § 43-