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The long roller-coaster court battle between Time Warner Enter-tainment Company, L.P., and its former investment partners in Six Flags Over Georgia, L.L.C., isn’t over yet, but the case is rounding the last curves. In March the Georgia court of appeals reaffirmed a $257 million punitive damages award against the defendant, a former division of AOL Time Warner Inc., which has since applied for a writ of certiorari to the Georgia Supreme Court. The plaintiffs have already collected $197 million in compensatory damages. The Six Flags investors filed their original complaint against Time Warner Entertainment in 1997, alleging that the company breached its fiduciary duties to the partnership by failing to make improvements at the park, among other things. In December 1998, following a six-week trial, a Gwinnett County jury awarded the investors a combined total of $454 million in compensatory and punitive damages. The decision was upheld in July 2000 by the Georgia court of appeals. But last year the defendant successfully petitioned the U.S. Supreme Court to remand the case to the state appellate court for review of the punitive award, in light of a high court ruling handed down in May 2001. The Georgia court of appeals unanimously reaffirmed the punitive award, declaring that the U.S. Supreme Court’s ruling did not apply to this case. For Six Flags Over Georgia, L.L.C., and Six Flags Funds, Ltd., L.P. Butler, Wooten, Fryhofer, Daughtery & Sullivan (Columbus, Georgia): James Butler, Jr., and George Fryhofer III. (Fryhofer is in the firm’s Atlanta office.) Bondurant, Mixson & Elmore (Atlanta): H. Lamar Mixson, Michael Terry, and Joshua Thorpe. Davidson & Tucker (Duluth, Georgia): Gerald Davidson, Jr. For Defendant Time Warner Entertainment Company, L.P. (New York) In-house: Associate general counsel Edward Weiss. Cravath, Swaine & Moore (New York): Evan Chesler, Keith Hummel, and associates Kenneth Lee and Antony Ryan. Troutman Sanders (Atlanta): Harold Clarke, John Dalton, and Norman Underwood. Chandler & Britt (Buford, Georgia): Walter Britt. McCutchen, Doyle, Brown & Enersen (San Francisco): David Heilbron. outlook The plaintiffs were expected to respond to the defendant’s petition for writ of certiorari at press time. -Andrew Longstreth

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