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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

  • EPPS et al. v. Rockmo Entertainment, LLC

    Publication Date: 2020-12-08
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mark Adelman, (Mark Adelman, Attorney at Law, LLC), Savannah, for appellant.
    for defendant: Tanya Graham, (The Law Office of Tanya Mitchell Graham, P.C.), Atlanta, for appellee. Derek Wright, (Derek M. Wright LLC), Atlanta, (Johnnie Cabbell & New Era Talent Agency), Atalnta, for other party.
    Case Number: A20A1132

    In Breach of Contract Action, Appellants' Refusal to Pay Their Portion of Arbitrators' Fees Waived Their Right to Arbitration

  • Ultra Group of Companies, Inc. v. S & A 1488 Management, Inc. et al.

    Publication Date: 2020-12-04
    Practice Area: Contracts | Damages
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Kathleen Jennings, Paul Oliver, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, for appellant.
    for defendant: Mark Spix, (Attorney at Law), Atlanta, for appellee. Julie Silverstein Barker, (Georgia Lottery Corporation), Atlanta, for other party.
    Case Number: A20A0962

    Court affirms rejection of an unenforceable liquidated damages provision, and of a finding that appellant failed to prove its lost profits due to a breach of contract

  • Salvati v. Deloach Brokerage, Inc.

    Publication Date: 2020-11-25
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Durham, (Hall Booth Smith, P.C.), Brunswick, Joseph Emanuel, (Webb Tanner & Powell), Lawrenceville, for appellant.
    for defendant: Eric Bumgartner, (Brown Readdick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, Charles Moulton, Jeffrey Rentz, William Cullens, (Williams, Rentz, Moulton & Associates, P.C.), Saint Simons Island, for appellee.
    Case Number: A20A1318

    Court affirms summary judgment order ruling that a broker was entitled to a sales commission but reverses as to the amount of that commission

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  • Wanna v. Navicent Health, Inc. et al.

    Publication Date: 2020-11-19
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Stuart Walker, (Martin Snow, LLP), Macon, Anthony Cochran, (Smith, Gambrell & Russell, LLP), Atlanta, Emily Ward, (Chilivis Cochran), Atlanta, for appellant.
    for defendant: Julie Wood, Jared Miller, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Robert Brennan, (Attorney at Law), Atlanta, Julia Magda, (Magda Law, LLC), Macon, for appellee.
    Case Number: A20A1378

    Court affirms, reverses, and vacates aspects of summary judgment orders in a lengthy dispute between a physician and a former employer

  • Najarian Capital, LLC v. Milford, et al.

    Publication Date: 2020-11-18
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Kane St. John, (Attorney at Law), Marietta, for appellant.
    for defendant: Sherrie Milford, College Park, Bret Chaness, (Rubin Lublin, LLC), Peachtree Corners, Kearstin Sale, (Seyfarth Shaw, LLP), Atlanta, for appellee.
    Case Number: A20A1371

    Court determines that mortgage company properly foreclosed on a loan and that subsequent purchaser was entitled to possession and damages for imputed rent

  • Massey et al. v. Duke Builders, Inc.

    Publication Date: 2020-10-29
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Matthew Parks Benson, Gerald Davidson, Jr., Brian Tanner Easley, (Mahaffey Pickens Tucker, LLP), Lawrenceville, Michael Brian Terry, Jane D. Vincent, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Anthony O. L. Powell, Wesley Charles Ross, John James Crowley, (Powell & Edwards), Lawrenceville, Robert Sparks Highsmith, Jr., James Cullen Evans, (Holland & Knight, LLP), Atlanta, for appellee.
    Case Number: S20G0018

    Materialmen's Lien May Not Include Anticipated Profits; Trial Court Erred in Ruling That the Entire Lien Was Void

  • Optum Construction Group, LLC et al. v. City Electric Supply Company

    Publication Date: 2020-10-28
    Practice Area: Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: George Kent, (Fox Rothschild LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, for appellant.
    for defendant: Eric Van De Water, (Isenberg & Hewitt), Atlanta, for appellee. James Weston, (Trotter Jones LLP), Augusta, for other party.
    Case Number: A20A1010

    Court reverses summary judgment order in favor of a materialman's lien because of an outstanding issue of material fact over existence of a contractual relationship

  • City of Waycross, et al. v. Jack Bennett, et al.

    Publication Date: 2020-10-15
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Dorminy, William Mann, (Hall Booth Smith, P.C.), Brunswick, for appellant.
    for defendant: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellee.
    Case Number: A20A1230

    Health Plan Authorized City's Termination of Health-Insurance Benefits; City's Actions Did Not Violate the Impairment Clause of the Georgia Constitution