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  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.

  • Baja Properties, LLC v. Mattera et al.

    Publication Date: 2018-04-25
    Practice Area: Business Torts | Contractual Disputes | Corporate Entities
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: C. Davis (Lee Davis Law LLC), Atlanta; Emma Burke (Bailey Davis LLC), Marietta, for appellant.
    for defendant: William Ney (William Brent Ney LLC), Atlanta; Donna-Marie Hayle (Ney Hoffecker Peacock & Hayle), Atlanta, for appellee.
    Case Number: A17A1875

    Unlicensed Contractor Could Not Enforce Contract with Property Owners to Build Home for Them

  • Lucas v. Beckman Coulter, Inc.

    Publication Date: 2018-04-12
    Practice Area: Business Torts | Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dustin Thomas Brown, Peter John Daughtery (Daughtery Crawford & Brown, LLP), Columbus, for appellant.
    for defendant: Kurtis A. Powell, Robert Thomas Dumbacher (Hunton & Williams), Atlanta; Clayton Matthews Adams, Jeffrey Albright Brown (Brown & Adams LLC), Columbus, for appellee.
    Case Number: S17G0541

    The Court of Appeals improperly construed O.C.G.A. § 16-11-135 (e), part of the Business Security and Employee Privacy Act, as granting employers immunity from all firearm-related tort liability for the acts of its employees and the Supreme Court thus reversed the Court of Appeals' decision affirming the grant of summary judgment to employee and employer in plaintiff's suit arising after employee accidentally shot him with a personal handgun while on a service call for employer at plaintiff's place of employment.

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action

  • Barnes et al. v. Channel et al.

    Publication Date: 2018-03-19
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Stephen Heuron Robinson (The Law Offices of Stephen H. Robinson), Atlanta, for appellant.
    for defendant: Stephen H. DeBaun (Law Offices of Stephen H. DeBaun, P.C.), Tucker, for appellee.
    Case Number: S17A1357

    The Supreme Court partially vacated the trial courts order granting an injunction in a dispute between siblings over their aunt's estate and remanded the case, holding that most of the relief the trial court granted was not proper interlocutory relief.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cook Pecan Company, Inc. v. McDaniel

    Publication Date: 2018-03-02
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: William Jourdain (Minor, Bell & Neal), Dalton; Michael McNeill (Macon-Bibb County Attorney's Office), Macon, for appellee.
    Case Number: A17A1428

    The trial court properly granted summary judgment to defendant in plaintiff's suit seeking equitable relief based on defendant allegedly signing a contract agreeing to enter into a lease agreement with plaintiff to allow plaintiff to harvest pecans on property that defendant was purchasing but failing to execute the lease agreement.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.
    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.
    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.
    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.
    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.