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  • Reilly v. Alcan Aluminum Corp.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Dennis R. Thompson, Akron, Douglas H. Duerr and William D. Deveney Elarbee, Thompson & Trapnell, Atlanta, for appellant.
    for defendant: Glen D. Nager, Gregory A. Castanias, Paul R. Reichert Jones, Day, Reavis & Pogue, Washington, D.C., and Jane L. Hanson Milbank, Tweed, Hadley & McCloy, New York, NY, for appellees. Amicus appellant: John F. Beasley Jr. Nelson, Hill, Lord & Beasley, Thomas C. Shanahan Sweat & Giese PA, Athens, J. Lewis Sapp, Victor A. Cavanaugh and Richard R. Gignilliat Elarbee, Thompson & Trapnell, Atlanta.
    Case Number: S99Q1590

    Neither O.C.G.A. § 51-1-6 nor O.C.G.A. § 51-1-8 create a civil action for age discrimination based on a violation of Georgia's age discrimination law, O.C.G.A. § 34-1-2, or the Age Discrimination in

  • Hester v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John P. Sugrue, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1654

    Given the overwhelming evidence that the defendant killed the victim, wrapped his body in bags and duct tape and dumped it in the woods, any error in the trial court's failure to sequester the victi

  • Fox v. State

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John A. Nuckolls, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Cecelia M. Harris, Assistant District Attorney, Canton, for appellee.
    Case Number: S99G0561

    Defendant's waiver of his right against unreasonable searches and seizures as a special condition of probation was invalid, since it was not part of his plea bargain agreement and a parole officer t

  • Morgan v. Mitchell

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William P. Rowe III, Duluth, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Charles J. Mitchell, Buford, proceeded pro se.
    Case Number: S99A1392

    Habeas court's finding that defendant was harmed by his appellate counsel's failure to raise the ineffectiveness of trial counsel was unsupported, since there was no evidence that defendant would n

  • Albany Urology Clinic PC v. Cleveland

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas S. Chambless and Dawn G. Benson Watson, Spence, Lowe & Chambless LLP, George P. Donaldson III Donaldson, Bell & Pickett PC, Albany, and Wade H. Coleman Tillman, McTier, Coleman, Talley, Newberry & Kurrie, Valdosta, for appellant.
    for defendant: . William S. Stone and T. Craig Ernest William S. Stone PC, Blakely, for appellees. Amicus appellants: Harold G. Clarke Troutman Sanders, Thomas S. Carlock Webb, Carlock, Copeland, Semler & Stair, John E. Hall Jr., Jonathan Marigliano Hall, Booth, Smith & Slover PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP, Robert E. Whitley, William M. Earnest Jr. Thrasher, Whitley, Hampton & Morgan, Jack S. Schroder Jr., Angela T. Burnette Alston & Bird, David A. Cook, William T. Clark Medical Ass'n of Ga., Atlanta, David H. Tisinger, Richard G. Tisinger Jr. Tisinger, Tisinger, Vance & Greer, Carrollton, Leonard A. Nelson and E. Ratcliffe Anderson Jr. MD American Med. Ass'n, Chicago, Ill.
    Case Number: S99G0600

    Urologist was not liable to plaintiff for fraud since he had no duty to disclose his use of illegal drugs or any other aspect of his personal life that might adversely impact his professional perfor

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    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Boatman v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward F. Smith, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, James D. Lamb, Assistant District Attorney, Waycross, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1469

    Police officer did not subject defendant to coercive, custodial interrogation by approaching defendant on the roadside and asking his name, where he was from and how long he had been in the

  • Ashworth v. Busby

    Publication Date: 2000-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William J. Stemberger Jr. Stemberger & Assocs., Newnan, for appellant.
    for defendant: Robin G. Mayer Sanders, Haugen & Sears PC, Newnan, for appellee.
    Case Number: S99A1311

    Husband waived his right to seek alimony modification since the pa settlement agreement expressly waived any right to modification absent written consent from both pa

  • Lee v. Green Land Co.

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William G. Johnston III Shepherd & Johnston, Newton M. Galloway and Dean R. Fuchs Newton M. Galloway & Assocs., Griffin, for appellant.
    for defendant: Alan W. Connell, Thomaston, for appellee.
    Case Number: S99A1493

    The Supreme Court does not have equity jurisdi in cases seeking specific performance of a contract where resolution depends upon the contract's constru

  • Romano v. State

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Kevin S. Cauley, Cairo, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Minerva S. Cansino, Assistant District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1738

    Defendant voluntarily and knowingly entered his guilty pleas to two counts of murder, since he understood the charges, the possibility of rece life sentences and the rights he was wa

  • Ianicelli v. McNeely

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Andrew H. Lakin, Brunswick, Michael J. Bowers and Christopher S. Anulewicz Meadows, Ichter & Trigg PC, Atlanta, for appellant.
    for defendant: James A. Bishop, Brunswick, and Phillip L. Hartley Harben & Hartley, Gainesville, for appellees.
    Case Number: S99A1684

    School board members with spouses employed by the school system do not violate any constitutional duty, absent evidence that they intentionally acted to further their spouses' pecuniary