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  • Bennett v. Cashin et al.

    Publication Date: 2024-02-16
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (J. Scott Key, LLC), Madison, for appellant.
    for defendant: David McPherson, (The McPherson Law Firm), Sparta, for appellee.
    Case Number: A23A1708

    Court affirms judgment notwithstanding a jury verdict to the contrary, holding that an unlicensed general contractor cannot recover for nonpayment with a breach of contract claim

  • Mason v. Permanent General Assurance Corp. et al.

    Publication Date: 2024-01-30
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant.
    for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
    Case Number: A23A1529

    Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision

  • Hi Technology Corp. v. Quality Investment Properties Suwanee, LLC

    Publication Date: 2023-12-07
    Practice Area: Contracts
    Industry: Call Centers
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Keith Blackwell, James Grant, Jonathan Parente, Caroline Rawls, Anderson Kemp, (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: David Balser, Robert Griest, Billie Pritchard, Charles Spalding, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A23A0808

    Court affirms liability limitation on claims for breach of contract, affirms in part and reverses in part summary judgment on defamation claims, and affirms denial of prejudgment interest

  • Dekalb County School District et al. v. Dekalb Agriculture Technology and Environment, Inc. et al.

    Publication Date: 2023-12-01
    Practice Area: Contracts
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Andrea Jolliffe, (Hall Booth Smith), Athens, Pearson Cunningham, (Hall Booth Smith), Atlanta, Melanie Slaton, (Hall Booth Smith, P.C.), Columbus, Russell Britt, (Attorney at Law), Atlanta, for appellant.
    for defendant: Robert Fortson, (Gilbert, Harrell, Sumerford & Martin), Atlanta, Peter Farley, (McGuire Woods LLP), Atlanta, Heidi Siegmund, (McGuire Woods LLP), Richmond, for appellee.
    Case Number: A23A0787

    Court affirms summary judgment in favor of charter schools and against a School District, finding that the schools' claims sounded in breach of contract and were not barred by sovereign immunity

  • White v. Westlake Financial Services

    Publication Date: 2023-09-15
    Practice Area: Civil Procedure | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cristina Kaiden, Robert Kaiden, (Kaiden & Kaiden, LLC), Marietta, for appellant.
    for defendant: Douglas Brooks, (Attorney at Law), Atlanta, for appellee.
    Case Number: A23A0830

    Court reverses denial of a motion to dismiss for statute of limitations reasons, finding that a plaintiff's second complaint was not a renewal action under the applicable statute

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Alpha Genomix Laboratories, Inc. et al. v. Crandall

    Publication Date: 2023-08-25
    Practice Area: Contracts | Employment Litigation
    Industry: Pharmaceuticals
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Hudson, (Hull Barrett, PC), Augusta, for appellant.
    for defendant: Michael Foust, (Parks, Chesin & Walbert P. C.), Atlanta, for appellee.
    Case Number: A23A1096

    Court affirms breach of contract claim by former employee where defendants failed to pay severance, and partially vacates and remands for consideration of other issues

  • Eastside Recovery, LLC v. Calhoun

    Publication Date: 2023-08-04
    Practice Area: Contracts | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James McIlvaine, (Williams Litigation Group, P.C.), Brunswick, for appellant.
    for defendant: John Wooten, Trenton Edwards, (Gower Wooten & Darneille, LLC), Atlanta, for appellee.
    Case Number: A23A0615

    Driver Had No Common-Law Duty to Pay Towing Company Towing and Storage Charges Absent Any Contractual Relationship

  • Andy Frain Services, Inc. v. Augusta Mall, LLC et al.

    Publication Date: 2023-08-01
    Practice Area: Contracts | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Glenn Bass, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, for appellant.
    for defendant: George Nicholson, Sam Nicholson, (Nicholson Revell LLP), Augusta, Tracy O’Connell, (Ellis, Painter, Ratterree & Adams, LLP), Savannah, for appellee.
    Case Number: A23A0390

    Court affirms order that a security firm has a duty to defend and reverses an order that it has a duty to indemnify in a premises liability case involving a shooting

  • Moore v. Humble

    Publication Date: 2023-07-31
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Susan Raymond, (Hogue & Hogue (Of Counsel)), Macon, Carmel Sanders, (Attorney at Law), Macon, for appellant.
    for defendant: Charles Adams, (Kenneth S. Nugent, P.C.), Macon, Kice Stone, (Stone Family Law, LLC), Macon, for appellee.
    Case Number: A23A0204

    Court reverses denial of summary judgment motion on breach of contract and fraud and affirms denial of discovery motions in a case involving breach of a marriage promise

  • Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. f/k/a Tampa Tank Inc. et al.

    Publication Date: 2023-06-23
    Practice Area: Contracts
    Industry: Chemicals and Materials
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jonathan Tucker Barr, Andrew Clay Stevens, Natalie Cascario, David Lee Hobson, Jeffrey Young Lewis, (Arnall Golden Gregory LLP), Atlanta, Edwin W. King, Jr., (Edwin W. King, Jr., P.C.), Savannah, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Mike O’Neal Crawford, Swift S. Currie, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Cecily Joy McLeod, Kimberly Council Sheridan, (Gordon Rees Scully Mansukhani, LLP), Atlanta, for appellee; LaTisha Dear Jackson, (DeKalb County Superior Court), Decatur, for other party.
    Case Number: S23A0273

    Court affirms dismissal of breach of warranty claims that were barred by the pre-amendment statute of repose