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  • Healthcare Staffing, Inc. v. Edwards, et al.

    Publication Date: 2021-07-28
    Practice Area: Contracts | Employment Litigation | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Steven Scheer, Craig Call, (Scheer & Montgomery, P.C.), Savannah, Derek White, (The White Group), Pooler, for appellee.
    Case Number: A21A0345

    Borrowed Servant Doctrine Does Not Shield Healthcare Staffing Agency From Vicarious Liability for the Actions of Its Employees

  • Pruitt v. Thigpen

    Publication Date: 2021-07-27
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jason Wyrick, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Atlanta, Joseph Cruser, Robert Noens, (Cruser, Mitchell, Novits, Sanchez, Gaston & Zimet, LLP), Norcross, for appellant.
    for defendant: David Bell, (Law Office of David B. Bell), Augusta, Sharon Enoch, (Bell & Bell Associates), Augusta, for appellee.
    Case Number: A21A0331

    Judgment Against Personal Injury Defendant Vacated and Remanded as Trial Court's Order Varied From Terms of Settlement Agreement

  • Cornerstone Ministries & Christian School, Inc. v. Pitney Bowes Global Financial Services, LLC

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure | Contracts
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Richard Braun, Darien, James Smith, (Attorney at Law, LLC), Townsend, for appellant.
    for defendant: John Lucas, (Attorney at Law), Atlanta, Marion Stokes, (Stokes Carmichael & Ernst, LLP), Atlanta, for appellee.
    Case Number: A21A0430

    Court reverses summary judgment award in favor of equipment lessor because lessee's evidence showed a triable issue of material fact

  • White v. Cheek

    Publication Date: 2021-06-16
    Practice Area: Contracts | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Colin Delaney, Edward Wasmuth, Leah Sears, Sasha Greenberg, (Smith, Gambrell, & Russell), Atlanta, Lee Gillis, (James-Bates-Brannan-Groover-LLP), Macon, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, for appellee.
    Case Number: A21A0212

    Court affirms denial of motion to enforce a settlement agreement because recipient of offer did not accept it in writing per the terms of that offer

  • Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. et al.

    Publication Date: 2021-04-22
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Barr, Andrew Stevens, Jeffrey Lewis, (Arnall Golden Gregory LLP), Atlanta, Edwin King, (Attorney at Law), Savannah, George Carley, (Carley, Gregory & Gregory), Decatur, for appellant.
    for defendant: Cecily McLeod, Kimberly Sheridan, (Gordon & Rees, LLP), Atlanta, Mike Crawford, Bradley Wolff, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Mark Johnson, (Gilbert, Harrell, Sumerford & Martin, P. C.), Brunswick, Mark Middleton, (Attorney at Law), Brunswick, for appellee.
    Case Number: A19A0960

    Court Reverses Order Holding That Statute of Repose Barred Breach of Contract Claim Under Express One-Year Warranty

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  • Wright v. Nelson

    Publication Date: 2021-04-13
    Practice Area: Contracts | Insurance Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Curtright, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: James Creasy, (The Law Offices of James K. Creasy, LLC), Atlanta, Joseph Cruser, Maggie Beall, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Norcross, for appellee.
    Case Number: A20A1868

    Trial Court Erred in Denying Personal Injury Action Defendant's Motion to Enforce Settlement Agreement; Insurer Had Accepted Personal Injury Action Plaintiff's Settlement Offer

  • Ambrosio et al. v. Giordano, Jr. et al.

    Publication Date: 2021-04-09
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Ney, (William Brent Ney, LLC), Lawrenceville, for appellant.
    for defendant: Bruce Dubberly, (Dubberly & McGovern), Glennville, for appellee.
    Case Number: A20A2118

    Parties Mutually Assented to the Terms of Real Estate Sale Agreements; Trial Court Properly Rejected Buyers' Impossibility Defense

  • Sidhom et al. v. Boutros

    Publication Date: 2021-03-19
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Walter Furlong, (Attorney at Law), Marietta, for appellant.
    for defendant: Loretta Smith, (Loretta Smith Law), Powder Springs, Thomas Boutros, Smyrna, for appellee.
    Case Number: A20A1754

    Court reverses summary judgment award in a breach of contract case and remands for determination of the parties mutual asset in a revocation agreement

  • Jervis et al. v. Amos et al.

    Publication Date: 2021-03-01
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Darrell Hinson, (Shiver Hamilton, LLC), Atlanta, for appellant.
    for defendant: Lawrence Domenico, John McKinley, (Mozley, Finlayson & Loggins LLP), Atlanta, Jessica Lawrence, (Attorney at Law), Sandy Springs, for appellee.
    Case Number: A20A1582

    Court reverses trial court order enforcing a settlement in a personal injury action because the settlement offer was not accepted per its terms

  • Moore v. Lovein Funeral Home, Inc. et al.

    Publication Date: 2021-01-14
    Practice Area: Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Cotton, Tiffany Donohue, (Cotton Law Firm, P.C.), Cordele, Patrick Kerns, (Patrick W. Kerns, Attorney at Law, LLC), Valdosta, Patrick Kerns, (Luke Law LLC), Orange Park, for appellant.
    for defendant: Mitchell Moore, (Mitchell O. Moore PC), Nashville, James Thagard, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellee. Kenneth Howard, Opelika, for other party.
    Case Number: A20A1632

    Issues of Fact Exist on Whether Funeral Home's Failure to Release to Plaintiff All of His Late Wife's Remains Constituted a Breach of the Parties' Written Agreements