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Publication Date: 2010-08-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Charles M. Cork III, Macon, Mark F. Dehler, Michael E. Perez Mark F. Dehler LLC, Decatur, Edwin J. Schklar Schklar, Ney & Heim LLC, Atlanta, Richard L. Tate, Richmond, Texas, John M. O'Quinn The O'Quinn Law Firm, James W. Christian Christian Smith & Jewell LLP, Kent Watts, Mike Watts and Harry Briers Hyperdynamics Corp., Houston, Texas, for appellant.
for defendant: Jeffrey R. Joyce, Laura J. Geissler Joyce, Thrasher, Kaiser & Liss LLC, Mark E. Grantham DLA Piper US LLP, Atlanta, Caryn G. Schechtman, Howard Schrader DLA Piper US LLP, New York, NY, Lonnie Simpson DLA Piper US LLP, Tampa, Fla., Perrie M. Weiner, Edward D. Totino DLA Piper US LLP, Michael S. Rosenblum and Amy M. Caves Law Offices of Michael S. Rosenblum, Los Angeles, Calif., for appellees. Other party representation: Robert E. Whitley Whitley & Associates, Donald A. Loft, Leslie A. Allen Morris, Manning & Martin, Otto F. Feil III, John L. Taylor Jr., Cheralynn M. Gregoire Chorey, Taylor & Feil, Atlanta, Michael J. Dell Kramer Levin Naftalis & Frankel LLP, New York, NY.
Case Number: A10A0362
The were subject to personal jurisdiction in Georgia pursuant to the concept of conspiracy jurisdiction, which attributes the acts of one conspirator in furtherance e conspiracy to other member
Publication Date: 2010-08-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield Jack F. Witcher, Bremen, for appellant.
for defendant: Lindsay M. Gatling Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta, for appellee.
Case Number: A10A0121
The defendant's manager's testimony that she inspected the floor 15 minutes before the plaintiff's fall and did not see a grease spot was sufficient to establish that the defendant exercised due car
Publication Date: 2010-08-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Richard L. Robbins Robbins Law LLC and Alexa R. Ross Sutherland, Asbill & Brennan, Atlanta, for Fine. Allan L. Parks Jr. and Andrew Y. Coffman Parks, Chesin & Walbert PC, Atlanta, for Communication Trends Inc.
for defendant:
Case Number: A10A0408, A10A0409
A non-solicitation covenant was unenforceably overbroad and unreasonable, since it prohibited the employee from not only soliciting her former employer's clients, but also from communicating with fo
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Noble L. Boykin Jr. Jones, Boykin, Stacy & Assocs., Savannah, for appellant.
for defendant: . Sun S. Choy, Jacob E. Daly Freeman, Mathis & Gary LLP, Atlanta, and Mason White Brennan, Harris & Rominger, Savannah, for appellee.
Case Number: A10A0515
The plaintiffs had equal knowledge that vehicles would drive through the parking area of their apartment building, so the owner had no duty to correct the alleged open and obvious defect-the absence
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Steven G. Hall and Robert G. Brazier Baker, Donelson, Bearman, Caldwell & Berkowitz, Atlanta, for appellant.
for defendant: Otto F. Feil III Vincent, Chorey, Taylor & Feil PC, Atlanta, for appellee.
Case Number: A10A0381
O.C.G.A. § 14-2-1325 a requires a corporation to accompany an offer of payment of the value of a shareholder's shares with certain information and documents, which the plaintiff did not do when it a
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Ernie M. Sheffield, Public Defender, and Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
for defendant: Joseph K. Mulholland, District Attorney, William J. Hunter and Leopold F. Joh, Assistant District Attorneys, Bainbridge, for appellee.
Case Number: A10A0140
The officer's good faith belief that a housing unit director had the authority to consent to a search did not make the warrantless search and seizure l
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
for defendant: Tracy G Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
Case Number: A10A0655
The defendant lured a 9-year-old victim into his apartment, forced her onto the couch, assaulted her and threw her from a second story ba
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Richard J. Storrs, Atlanta, for appellant.
for defendant: . Simon R. Malko, Stephen M. Vaughn Morris, Manning & Martin LLC, Atlanta, and Todd Pendley, Hoschton, for appellee.
Case Number: A10A0049
The operating agreement in question contained ambiguous terms regarding transfer and the evidence did not show that the appellants lacked an intent to perform at the time the agreement was signed, b
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
for defendant: David B. Bell Bell & Bell Assocs., Augusta, for appellee.
Case Number: A10A0210
Under Georgia law, an attorney's lien is considered an open account and subject to a 4-year statute of limitation, which begins to run when the right of action ac
Publication Date: 2010-07-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys: For plaintiff: Anthony B. Williams, Assistant Public Defender, Hinesville, and Jimmonique R. Rodgers, Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: John T. Durden Jr., District Attorney, and Jon Hope, Assistant District Attorney, Hinesville, for appellee.
Case Number: A10A0026
Even if registration as a sex offender is a collateral consequence of a guilty plea, failure to advise a client that a guilty plea will require registration is constitutionally deficient perfor
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