• Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.

    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action

  • Barnes et al. v. Channel et al.

    Publication Date: 2018-03-19
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Stephen Heuron Robinson (The Law Offices of Stephen H. Robinson), Atlanta, for appellant.
    for defendant: Stephen H. DeBaun (Law Offices of Stephen H. DeBaun, P.C.), Tucker, for appellee.

    Case Number: S17A1357

    The Supreme Court partially vacated the trial courts order granting an injunction in a dispute between siblings over their aunt's estate and remanded the case, holding that most of the relief the trial court granted was not proper interlocutory relief.

  • Cook Pecan Company, Inc. v. McDaniel

    Publication Date: 2018-03-02
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: William Jourdain (Minor, Bell & Neal), Dalton; Michael McNeill (Macon-Bibb County Attorney's Office), Macon, for appellee.

    Case Number: A17A1428

    The trial court properly granted summary judgment to defendant in plaintiff's suit seeking equitable relief based on defendant allegedly signing a contract agreeing to enter into a lease agreement with plaintiff to allow plaintiff to harvest pecans on property that defendant was purchasing but failing to execute the lease agreement.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.

    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.

    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

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  • Jubilee Development Partners, LLC et al. v. Strategic Jubilee Holdings, LLC et al.

    Publication Date: 2018-01-23
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Simon Bloom, Ryan Pumpian, John Phillips (Bloom Sugarman LLP), Atlanta, for appellee.

    Case Number: A17A2137

    The trial court properly denied appellants' motion to strike, or in the alternative, motion to dismiss the complaint filed against them for violation of Georgia's statute regarding strategic lawsuits against public participation because the claims against appellants were not based on an act in furtherance of the rights of free speech or petition and the anti-SLAPP statute thus did not apply.

  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.

    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.

  • Sure, Inc. v. Premier Petroleum, Inc.

    Publication Date: 2017-11-13
    Practice Area: Business Torts | Contracts | Contractual Disputes
    Industry: Energy
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta; Scott McAlpine (Knight Johnson, LLC), Atlanta, for appellant.
    for defendant: Steven Mills, Timothy Walls (Mill & Hoopes, LLC), Lawrenceville, for appellee.

    Case Number: A17A1103

    The trial court partially erred in granting summary judgment to defendant in plaintiff's suit arising out of a petroleum supply contract and loan documents executed by the parties.

  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.

    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.

  • St. Joseph's Hospital of Atlanta, Inc. v. Gardner Sewell Hall et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Stephen Sparwath (Owen, Gleaton, Egan, Jones & Sweeny, LLP), Atlanta, for appellant.
    for defendant: Richard Mitchell, Patrick O'Connor (Mitchell & Shapiro LLP), Atlanta, for appellee.

    Case Number: A17A0824

    The trial court erred in denying hospital's motion to dismiss plaintiff's slip and fall suit arising after he fell on black ice in the parking lot, because there were no questions of fact remaining as to whether the hospital had superior knowledge of the patch of black ice on which plaintiff fell or whether its remedial efforts to clear the parking deck of snow and ice contributed to the icy conditions.