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  • Kunkel et al. v. Hillman

    Publication Date: 2024-08-12
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alfred Malena, (The Malena Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rebecca Strickland, John McCall, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A24A0515

    Court reverses denial of motion to add a party to a breach of contract complaint and vacates summary judgment as to a personal defendant

  • Gee et al. v. Tyler & Company, LLC

    Publication Date: 2024-08-07
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: James Hawkins, (James W Hawkins LLC), Cumming, Cary Ichter, (Attorney at Law), Atlanta, for appellant.
    for defendant: James Bogan, Jeffrey Fisher, (Kilpatrick Townsend & Stockton, LLP), Atlanta, for appellee.
    Case Number: A24A0551

    Court affirms jury verdict against former executive for breach of non-solicitation and confidentiality agreements

  • Vatave v. Canopy Workforce Solutions, LLC

    Publication Date: 2024-08-07
    Practice Area: Contracts
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Sunil Vatave, Atlanta, for appellant.
    for defendant: Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee.
    Case Number: A24A0552

    Court affirms application of Prophecy rule to excise contradictory claims about a contract breach but reverses summary judgment in a dispute over payment of deferred compensation

  • Zammit et al. v. Hobson & Hobson, P.C.

    Publication Date: 2024-08-06
    Practice Area: Contracts
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Monroe, Leslie Hartnett, Jessica Jackson, (FordHarrison, LLP), Atlanta, for appellant.
    for defendant: Cary Ichter, (Attorney at Law), Atlanta, Oladimeji Ogunsola, (Ichter Davis LLC), Atlanta, for appellee.
    Case Number: A24A0585

    Court affirms denial of a of motion to dismiss breach of contract and tortious nterference claims in a matter involving former law firm employees' breach of a non-solicitation policy

  • Clarke v. Dye-Master Group, Inc. et al.

    Publication Date: 2024-08-01
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: William Carlisle, (Carlisle Law Firm), Winder, for appellant.
    for defendant: Timothy Chambers, (Chambers Chambers & Chambers), Atlanta, Charles Carson, (Charles R. Carson, P.C. dba Carson Law), Atlanta, for appellee.
    Case Number: A24A0093

    Court affirms $365,000 judgment for contractors in a breach of contract case, rejecting multiple procedural challenges posed by defendant

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Preview Restaurants, LLC v. Shops At 2221 Peachtree, LLC

    Publication Date: 2024-07-23
    Practice Area: Contracts | Real Estate
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Cheng, (Attorney at Law), Atlanta, for appellant.
    for defendant: Katherine Silverman, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A24A0237

    Court affirms lease termination and admissibility of restoration cost estimate as a non-hearsay business record in a commercial dispossessory case

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Ajigbolamu v. Milne

    Publication Date: 2024-07-05
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Ayodele Ajigbolamu, Grayson, for appellant.
    for defendant: James Cannella, (Downey & Cleveland), Marietta, for appellee.
    Case Number: A24A0171

    Court affirms in part and reverses in part summary judgment for a contractor in a breach of contract case involving construction services, and remands for proceedings on general damages

  • Apple Pie Ridge Homeowners Association, Inc. v. Andrews et al.

    Publication Date: 2024-07-04
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brandon Wagner, (Lueder Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: P. Freed, Brian Goldberg, (Freeman Mathis & Gary LLP), Atlanta, for appellee.
    Case Number: A24A0244

    Court affirms summary judgment favoring property owners in covenant dispute, deeming lots exempt from homeowners association's declaration

  • Redfearn v. Moore et al.

    Publication Date: 2024-06-26
    Practice Area: Contracts | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.
    Case Number: A24A1028

    Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer