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  • Teledata World Servs. v. Tele-Mart Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John G. Parker and Joseph C. Sharp Paul, Hastings, Janofsky & Walker, Atlanta, for appellant.
    for defendant: Edward T.M. Garland, Robin N. Loeb and Sam L. Starks Garland, Samuel & Loeb PC, Atlanta, for appellee.
    Case Number: A00A0730

    The plaintiff could not use Ge s Long Arm Statute to serve a Nevada corporation that was authorized by the Secretary of State to transact business in Ge

  • Tolliver v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jason R. Hasty Jason R. Hasty PC, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Maria Murcier-Ashley, Assistant District Attorney, Decatur, for appellee.
    Case Number: A99A2199

    The trial court had authority to condition the defendant's request for first offender treatment on his serving prison time for firing a loaded pistol into the victims' car on the inter

  • Yearwood v. Southern Life Sys. Inc.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Pat E. Belcher II Belcher, Pakchar & Sams, Atlanta, for appellant.
    for defendant: Brent J. Savage Savage, Herndon & Turner PC, Savannah, for appellee.
    Case Number: A99A2472

    The defe s former district manager was not entitled to receive continuing commissions on accounts he originated while working for the defe

  • Moreton Rolleston Jr. Living Trust v. Department of Transp. of the State of Ga.

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Moreton Rolleston Jr., Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Daniel M. Formby and R.O. Lerer, Senior Assistant Attorneys General, and Alison L. Spencer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A99A2451

    The Department of Transportation properly denied the plaintiff's request to raise the height of its nonconforming billboard since Georgia's Outdoor Advertising Control Act prohibits changes in the e

  • Fairbanks v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William D. Hall, Blakely, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, for appellee.
    Case Number: A99A2328

    The testimonies of two witnesses who were added to the witness list the day of jury selection were admissible since the state had only just learned that the defendant had incriminated himself to the

  • Law Journal Press | Digital Book

    Directors and Officers Liability: Prevention, Insurance and Indemnification

    Authors: John H. Mathias, Jr., David M. Kroeger, Alexander J. May, Matthew M. Neumeier, deceased

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  • Cartwright v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Charles H. Weston, District Attorney, Graham A. Thorpe and Howard Z. Simms, Assistant District Attorneys, Macon, for appellee.
    Case Number: A99A2261

    The trial court erred in admitting the hearsay statement of the s transaction victim because she was not available to testify and her narrative statement was not part of the res gestae of the

  • Brasuell v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David M. Rosenberg, Blue Ridge, for appellant.
    for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee.
    Case Number: A99A1800

    The trial court had no authority to consider the validity of defendant's guilty plea after his conviction, even though a habeas court had remanded the case for resentencing after finding the sentenc

  • Mitchell v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven L. Morgan Steven L. Morgan PC, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A99A2060

    Even though the trial court refrained from qualifying the state's witness as a finger print expert, the detective's years of experience in identifying fingerprints qualified him to give an expert op

  • Wilborn v. Blake

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen P. Riexinger Sumner & Riexinger LLC, Duluth, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellee.
    Case Number: A99A1724

    The defending dermatologist breached the standard of care when he operated on the plaintiff's finger in his office after misdiagnosing a tumor during a 5-minute examin

  • Roberts v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Theodore W. Robinson Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Jason J. Deal, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A99A1942

    The jury could find that defendant forced himself on the 16-year-old victim even though she had no physical injuries since he took her to an unfamiliar location, gave her alcohol and continued his s