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  • Barrego v. OHM Remediation Servs. Corp.

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: . Joseph R. Cruser Cruser & Mitchell LLP and Jennifer M. McBath Drew, Eckl and Farnham LLP, Atlanta, for appellee.
    Case Number: A00A1348

    The trial court erred in dismissing the plaintiff's complaint based on her co-plaintiff's failure to respond to the defendant's discovery req

  • Turner v. Butler

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Browning Barnes, Browning, Tanksley & Casurella, Marietta, for appellant.
    for defendant: Dana A. Azar, Decatur, and Robert S. Stubbs III Banks, Stubbs & Neville, Cumming, for appellee.
    Case Number: A00A1391

    Plaintiff could not sue the defendant for fraudulently misrepresenting his income in a 1994 child support action because she did not move to set aside the consent judgment in that action within thre

  • Grimes v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Cindi L.T. Yeager, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Andrew J. Saliba and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A1247

    Defendant's use of counterfeit bills to purchase merchandise which he later returned for a cash refund supported his forgery convic

  • Trejo v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian M. House, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and John L. O'Dell, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A00A1175

    The defendant's admission that he attempted to have consensual sex with the 12-year-old victim, corroborated her testimony that he raped her while they were alone in her

  • Nelson & Hill PA v. Wood

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0764, A00A0765

    Law firm could not recover its attorneys' fees in quantum meruit for representing the defendant in a discrimination suit, because the firm received an award for its reasonable fees from the federal

  • Law Journal Press | Digital Book

    Intellectual Property Law: Damages and Remedies

    Authors: Terence P. Ross

    View this Book

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  • Alta Anesthesia Assocs. of Ga. PC v. Gibbons

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge Bouhan, Williams & Levy, Savannah, Robert W. Webb Jr., James A. Lamberth and David B. Foshee Troutman & Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, and John J. Ossick Jr., Kingsland, for appellee. Other party representation: Wallace E. Harrell Gilbert, Harrell, Gilbert, Sumerford & Martin, Brunswick.
    Case Number: A00A0238

    Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gi

  • Mann v. State

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles E. Pinkard Jr. Charles E. Pinkard Jr. PC, Rockmart, for appellant.
    for defendant: James R. Osborne, District Attorney, Buchanan, Jane A. Levendusky, Assistant District Attorney, Cedartown, and Laura L. Herrin, Assistant District Attorney, Dallas, for appellee.
    Case Number: A00A0748, A00A0749

    Seven-year-old victim's prior allegations of molestation were inadmissible since defendants failed to show the allegations were

  • Battle v. State

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas M. Flournoy Jr. Worthington & Flournoy PC, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Julia Slater, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A0800

    Confidential informant's out-of-court statements were admissible under the necessity exception to the hearsay rule, since the state was unable to find the informant after a diligent s

  • D'Ambrosio v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1402

    Regardless of whether the defendant's license was erroneously suspended, it was illegal for him to drive until his license was reins

  • Stephens v. McDonald's Corp.

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Frederick V. Massey Hicks & Massey, Winder, for appellant.
    for defendant: L. Bruce Hedrick Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A00A0270

    Service of process on a franchisee's employee does not constitute service on the franc