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  • Crown Series, LLC et al. v. Holiday Hospitality Franchising, LLC

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Koenig, (Barnes & Thornburg LLP), Atlanta, Abby Vineyard, (Attorney at Law), Atlanta, Marty Schwartz, (Schain, Banks, Kenny & Schwartz, Ltd.), Chicago, for appellant.
    for defendant: Michael Tyler, Kathryn Isted, Joe Reynolds, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee.
    Case Number: A20A1464

    Liquidated Damages Provision of License Agreement Was Enforceable and Demonstrated a Pre-Estimate of Probable Loss

  • Trico Environmental Services, Inc. v. Knight Petroleum Company et al.

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Griffin Bell, Daniel Seelos, (Griffin Bell III, P.C.), Decatur, Charles Hudson, (Penn & Seaborn, LLC), Montgomery, for appellant.
    for defendant: Douglas Ballard, (Jones Petroleum Company, Inc.), Jackson, J. Pollette, (J. Keith Pollette, P.C.), Jackson, for appellee. Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Quintairos, Prieto, Wood & Boyer, P.A.), Atlanta, for other party.
    Case Number: A20A1474

    In Real Property Dispute, Issues of Fact Remain on Breach of Warranty Claim, But Not on Breach of Contract, Negligent Misrepresentation, or Tortious Interference with Business Relations Claims

  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2020-12-09
    Practice Area: Business Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Todd Henningsen, Michael Neff, (Attorney at Law), Atlanta, Darryl Adams, (Law Offices of Michael L. Neff), Atlanta, Susan Cremer, (Neff Law), Atlanta, Timothy Peagler, (Law Offices of Michael Lawson Neff, P.C.), Atlanta, Michael Terry, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Lori Cohen, Sean Jessee, Andrew Smith, (Greenberg Traurig LLP), Atlanta, Jonathan Blavin, (Munger, Tolles & Olson, LLP), San Francisco, Anne Conley, John Major, (Munger, Tolles & Olson, LLP), Los Angeles, for appellee. Robert Johnson, (Johnson & Alday LLC), Marietta, Anne Gower, (Attorney at Law), Atlanta, for other party.
    Case Number: A20A1218

    Manufacturer's Duty of Care to Make Products Safe Does Not Extend to Intentional Misuse by Third Parties

  • Laliwala et al. v. Harris

    Publication Date: 2020-12-07
    Practice Area: Business Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Roy Banerjee, (Kumar, Prabhu, Patel & Banerjee, L.L.C.), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: Stephen Yaklin, Collin Hatcher, (King & Yaklin, LLP), Marietta, for appellee. Homer Phillips, (The Phillips Law Firm, LLC), Marietta, for Other party.
    Case Number: A20A0990

    In Negligence Action Arising From Construction Project, Appellee Did Not Owe Appellant Duty of Care Apart From His Status as a 'Qualifying Agent'

  • Galt Automotive Properties, LLC et al. v. Advesco, LLC

    Publication Date: 2020-11-24
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Alexander Sedki, William Sheppard, (James-Bates-Brannan-Groover-LLP), Atlanta, for appellant.
    for defendant: Lisa Harper, Dustin Harper, (Taylor Feil Harper Lumsden & Hess, P.C.), Atlanta, for appellee.
    Case Number: A20A0838

    Court affirms damages award and judgment against parties that entered onto land and removed trees and timber without landowner's knowledge or permission.

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  • G & E Construction, LLC v. Rubicon Construction, Inc. et al.

    Publication Date: 2020-11-12
    Practice Area: Business Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Penland, (Attorney at Law), Atlanta, Dorothy Primm, (Attorney at Law), Tucker, for appellant.
    for defendant: Matthew Jones, William Hart, (Busch Reed Jones & Leeper PC), Marietta, for appellee.
    Case Number: A20A1381

    Company's Founder Is Not Personally Liable Under OCGA §14-2-204 for Debt of Construction Company That Was Administratively Dissolved

  • Joshua David Mellberg, LLC et al. v. The Impact Partnership, LLC et al.

    Publication Date: 2020-07-07
    Practice Area: Business Torts | Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Murphy, Ellen Schlossberg, (Vaughan & Murphy), Atlanta, David Bray, David Ferrucci, (Dickinson Wright PLLC), Phoenix, for appellant.
    for defendant: Stacey Carroll, (Carroll Law Firm LLC), Atlanta, William Eiselstein, Michael Kohler, (Miller & Martin, PLLC), Atlanta, for appellee. Charles Dalziel, (Gregory, Doyle, Calhoun & Rogers, LLC), Atlanta, for other party.
    Case Number: A20A0004

    Court affirms denial of motion to dismiss a defamation claim that was based on the revised anti-SLAPP statute, which was not in effect when the claim was filed

  • Global Payments, Inc. v. InComm Financial Services, Inc.

    Publication Date: 2020-06-29
    Practice Area: Business Torts
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Steven Jason Rosenwasser, Benjamin Williams Thorpe, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Andrew McCampbell Gibson, Daniel P. Hendrix, (The Finley Firm, P.C.), Atlanta, for appellee. Judson Herben Turner, Mark David Johnson, (Gilbert Harrell Sumerford & Martin, P.C.), Brunswick, for Amicus Appellant.
    Case Number: S19G1000

    Debit/Credit Card Company Fails to State a Claim for Negligent Misrepresentation Against Payment Technology Company

  • Holcomb Investments Limited v. Keith Hardware, Inc. et al.

    Publication Date: 2020-04-16
    Practice Area: Business Torts | Toxic Torts
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nicholas Protentis, (Protentis Law LLC), Atlanta, Eric Miller, (Miller Bonham LLP), Atlanta, for appellant.
    for defendant: Jason Darneille, (Gower Wooten & Darneille, LLC), Atlanta, John Hal, David Williams, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A19A2422

    Triable Issue as to Whether Store Employee Should Have Taken Precautions Upon Noticing "god awful" Chemical Smell

  • Sheffield v. Futch et al.

    Publication Date: 2020-03-23
    Practice Area: Business Torts
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jon Levis, (Merrill & Stone LLC), Swainsboro, for appellant.
    for defendant: Charles Marsh, Sara Alexandre, (Swift, Currie, McGhee & Hiers), Atlanta, Myrece Johnson, (Attorney at Law), Atlanta, for appellee.
    Case Number: A19A1685

    Distributor has a claim against manufacturer for malicious prosecution, false imprisonment, and punitive damages, but not for false arrest