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  • Combs v. The State

    Publication Date: 2024-03-27
    Practice Area: Criminal Law
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney’s Office), Dahlonega, for appellee.
    Case Number: A23A1704

    Court affirms one conviction for theft by conversion by a business partner but reverses a second conviction due to lack of evidence that funds were not used for business purposes

  • WS CE Resort Owner, LLC v. Holland et al.

    Publication Date: 2023-03-16
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Justice Pinson
    Attorneys: For plaintiff: Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., Leah Ward Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Jeffrey Spencer Haymore, Julie Louise Sellers, Randolph Baxter Russell, (Dillard Sellers, LLC), Atlanta, Kevin Robert Stone, (Sugarman Law, LLP), Atlanta, John O’Shea Sullivan, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: John Elwin Stell, Jr., (Stell, Smith & Mattison, P.C.), Winder, for appellee; Joshua Adam Scoggins, Kenneth Stanton Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for Amicus Appellant.
    Case Number: S22G0030

    "Golf Course" Designation on Subdivision Plat Did Not Create Easement Benefiting Homeowners

  • Tavistock Freebirds v. The Coca-Cola Company

    Publication Date: 2023-02-09
    Practice Area: Business Torts | Contractual Disputes
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Joseph Maguire, James Cole, (Parks Chesin & Walbert, P.C.), Atlanta, for appellant.
    for defendant: Stacey Evans, Tiffany Watkins, (Stacey Evans Law), Atlanta, for appellee.
    Case Number: A23A0010

    Beverage Vendor's Sales Puffery Did Not Support Restaurant's Claims For Breach of Contract and Fraud

  • Velazquez v. Mata

    Publication Date: 2022-12-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Peter Schoenthaler, Neill Wright, Christopher Rosser, (Schoenthaler Law Group), Atlanta, for appellant.
    for defendant: David Anton, (Attorney at Law), Alpharetta, for appellee.
    Case Number: A22A1356

    Court reverses JNOV order that had been in favor of a defendant in a case involving breach of fiduciary duty because evidence supported plaintiff's allegations.

  • NRD Partners II, L. P. v. Quadre Investments, L. P

    Publication Date: 2022-08-03
    Practice Area: Discovery | Fee Disputes
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stanford Wilson, Brent Wasser, (Elarbee Thompson Sapp & Wilson LLP), Atlanta, Max DeLeon, Fredric Cohen, (Cheng Cohen LLC), Chicago, for appellant.
    for defendant: Thomas Tate, Tyler Dillard, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee; Emily Hancock, Richard Strickland, (Brown Readdick Bumgartner Carter Strickland & Watkins), Brunswick, Leland Wykoff, Pigeon Forge Lawrence Lebow, Gainesville, Jonathan Lebow, Mercer Island, Miriam Roth, Mercer Island for other party.
    Case Number: A22A0595

    Court vacates attorney fee award in matter involving a motion to compel discovery against a non-party in a shareholder dispute and remands for further analysis

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Smith v. Hi-Tech Pharmaceuticals, Inc.

    Publication Date: 2022-07-22
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Harman, Eric Fredrickson, (Harman Law Firm LLC), Atlanta, Christopher Nidel, (Nidel & Nace, PLLC), Rockville, for appellant.
    for defendant: Eileen Rumfelt, Atlanta, Meredith Lee, Robert Parsley, C. Townsend, (Miller & Martins), Chattanooga, for appellee.
    Case Number: A22A0170

    Consumer's Harmful-Ingredient Claim Against Food Supplement Manufacturer Raised Issues Within Primary Jurisdiction of FDA

  • Knight v. Safety National Casualty Corp

    Publication Date: 2022-04-01
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Robert Ingram, Ryan Ingram, Lindsay Fleming, Max Perwich, (Moore Ingram Johnson & Steele LLP), Marietta, for appellee.
    Case Number: A21A1434

    Court affirms dismissal of personal injury complaint against employer's insurer because plaintiff failed to satisfy a condition to collect uninsured motorist benefits

  • Lowery et al. v. Noodle Life, Inc.

    Publication Date: 2022-03-11
    Practice Area: Personal Injury
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Dekle, (Attorney at Law), Augusta, Andrew Holliday, (Andrew W. Holliday, P.C.), Alpharetta, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellee.
    Case Number: A21A1463

    Court affirms summary judgment in favor of one corporate entity in a personal injury action where that entity was commonly owned with the entity responsible for the injury

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Hillcrest Foods, Inc. v. Mikeals

    Publication Date: 2021-06-15
    Practice Area: Dispute Resolution
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Walter Bibbins, Brittanie Browning, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Thomas Ashenden, (Ashenden & Associates, P.C.), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A21A0126

    Court dismisses appellant's appeal to its petition to stay or consolidate arbitration proceedings, finding it had no jurisdiction to hear an appeal