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  • Liggins et al. v. Parkwood Living, LLC

    Publication Date: 2024-11-25
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: John Clark, (Clark Caskey, LLC), Atlanta, for appellee.
    Case Number: A24A1534

    Court reverses summary judgment and damages award that had been in favor of a purchaser in a property sale contract dispute, and dismisses purchaser's cross-appeal for attorney fees

  • Georgia Department of Public Safety v. Justice

    Publication Date: 2024-11-21
    Practice Area: Contracts | Employment Litigation
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Ross Warren Bergethon, Katherine Powers Stoff, Bryan Keith Webb, Courtney C. Poole, Christopher M. Carr, Stephen John Petrany, (Department of Law), Atlanta, for appellant.
    for defendant: Jeffrey Francis Peil, (Huggins Peil, LLC), Evans, McCracken Poston, (Law Offices of McCracken Poston), Ringgold, John Joseph Czura, (John J. Czura PC), Evans, John P. Batson, (The Law Office of John P. Batson), Augusta, for appellee.
    Case Number: S23G1170

    Court affirms that sovereign immunity was not waived in state trooper's breach-of-contract claims, but vacates a conclusion that Fair Labor Standards Act were part of an employment contract

  • Humble v. Opendoor Property J., LLC

    Publication Date: 2024-11-18
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jerry Carter, (Attorney at Law), Gainesville, Julie Liberman, (Julie A. Liberman, LLC), Marietta, for appellant.
    for defendant: Brian Linkowski, (Fidelity National Law Group), Atlanta, for appellee; John Baker, (Attorney at Law), Athens, for other party.
    Case Number: A24A0823

    Court reverses summary judgment in property collateral dispute, highlighting contract interpretation over a scrivener's error and open issues of fact that precluded summary judgment

  • Health Services of Central Georgia, Inc. et al. v. Wanna

    Publication Date: 2024-11-18
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Robert Brennan, (Attorney at Law), Atlanta, Jared Miller, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Julia Magda, (Magda Law, LLC), Macon, for appellant.
    for defendant: Anthony Cochran, Sarah Gordon, (Smith, Gambrell & Russell, LLP), Atlanta, Franklin Gaddy, (Martin Snow LLP), Macon, for appellee.
    Case Number: A24A0909

    Court affirms mixed rulings in a contract and employment dispute between a physician and his employer, and remands attorney fees determination

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2024-11-08
    Practice Area: Contracts | Employment Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Hayes, (Attorney at Law), Atlanta, Thaddeus Wilson, Zachary McEntyre, Valentin Leppert, Andrew Chinsky, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey Mokotoff, Leslie Hartnett, (Ford & Harrison LLP), Atlanta, Abigail Larimer, (Mohawk Industries), Calhoun, Benjamin Fryer, Charlotte, for appellee.
    Case Number: A23A0162

    Court reverses its prior opinion and adopts Supreme Court ruling that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope

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  • Dixie Amusement, LLC v. Primero Games, LLC

    Publication Date: 2024-11-08
    Practice Area: Contracts
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Kushner, Ethan Knott, (Fellows LaBriola LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, (Tesla, Inc.), Washington, Elizabeth Scherer, (Fox Rothschild LLP), Raleigh, Keith Kodosky, Ronald Masterson, Cameron Mobley, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A24A1103

    Court vacates ruling in a breach of contract business dispute over contract terms of sale and whether those terms materially altered a contract under UCC Section 2-207

  • The West Firm, P. C. v. Central United Methodist Church of Atlanta, Inc. et al.

    Publication Date: 2024-10-25
    Practice Area: Contracts
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven West, (Days & West, P. C.), Atlanta, Lisa West, (The West Firm), Atlanta, for appellant.
    for defendant: Ronald Freeman, Chelsea Freeman Dease, (Johnson & Freeman, LLC), Union City, for appellee.
    Case Number: A24A0750

    Court partially reverses summary judgment in a contract payment dispute due to issues of material fact as to date or tendered payment, but affirms judgment on interference and conspiracy

  • North American Senior Benefits, LLC v. Wimmer et al.

    Publication Date: 2024-10-04
    Practice Area: Contracts | Employment Litigation
    Industry: Insurance
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Thaddeus David Wilson, Valentin Leppert, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: Jeffrey David Mokotoff, Leslie B. Hartnett, Laura T. Yellig, (Ford & Harrison, LLP), Atlanta, Justin Beecher Connell, (Elarbee Thompson Sapp & Wilson, LLP), Atlanta, for appellee; Meagan Myers Hanson, Judson Herben Turner, (Gilbert Harrell Sumerford & Martin, P.C.), Brunswick, John Phillip Jett, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellant.
    Case Number: S23G1146

    Georgia Supreme Court clarifies that restrictive covenants may be enforceable without express geographic terms if they are reasonable in time, area, and scope

  • Be Our Guest Investments, LLC v. Piedmont Park Conservancy, Inc.

    Publication Date: 2024-08-23
    Practice Area: Contracts
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Gary Hulsey, Jeffrey Morgan, Sydnie Zachary, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Jason McLarry, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Brett Tarver, (Insley and Race, LLC), Atlanta, for appellee.
    Case Number: A24A0618

    Court reverses summary judgment order and remands in a breach of contract action because trial court misapplied the new business rule to exclude evidence of lost profits

  • Main Street Burger, Inc. v. Estate of David W. Collier et al.

    Publication Date: 2024-08-14
    Practice Area: Contracts | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Beth Hilscher, (Beth Sebring Hilscher), Suwanee, Aaron Block, Max Marks, (The Block Firm LLC), Atlanta, for appellant.
    for defendant: Bryan Henderson, Tucker, Jon David Huffman, Timothy Andrews, (Poole Huffman, LLC), Tucker, for appellee; Fred Bentley, Jamie Wingler, (Attorney at Law), Marietta, for other party.
    Case Number: A24A0531

    Court partially reverses lease termination rights, finding that trial court misinterpreted a lease provision, and affirms injunction that was intended to maintain the status quo in a property dispute