• Drumm, In His Capacity As City Manager For The City Of Brunswick et al. v. George et al.

    Publication Date: 2018-06-13
    Practice Area: Civil Procedure | Contractual Disputes | Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Patrick O'Connor, Patricia Paul (Oliver Maner LLP), Savannah; Brian Corry (Williams Litigation Group), Brunswick, for appellant.
    for defendant: Adrienne Browning (Adrienne Browning, Attorney At Law, PC.), Brunswick, for appellee.

    Case Number: A18A0691

    Police Officers Could Not Sue City For Alleged Failure to Pay Promised Wage Increase In Absence of Valid Written Contract

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.

    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Harris v. City Of Atlanta

    Publication Date: 2018-04-03
    Practice Area: Employment Litigation | Government | Whistleblower Laws
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Julie Weiner (Law Office of Julie M. Weiner), Marietta; Howard Evans (Howard R. Evans & Associates), Atlanta, for appellant.
    for defendant: Kathryn Hinton, David Gevertz (Baker, Donelson, Bearman, Caldwell & Berkowtiz, PC), Atlanta, for appellee.

    Case Number: A17A1984

    Employee Who Claimed Termination Violated Whistleblower Laws Failed to Show Employer's Proffered Reasons for Termination Were Pretextual

  • Murray-Obertein v. Georgia Government Transparency and Campaign Finance Commission

    Publication Date: 2018-03-27
    Practice Area: Employment Litigation | Whistleblower Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Cheryl Legare (Legare, Attwood & Wolfe, LLC), Atlanta; Edward Buckley (Buckley & Klein, LLP), Atlanta, for appellant.
    for defendant: Alisa Cleek, Bryan Jacoutot (Taylor English Duma LLP), Atlanta, for appellee.

    Case Number: A17A1836

    The trial court properly granted commission's motion for summary judgment on former public employee's retaliation claim under the Georgia Whistleblower Act because it was undisputed that she was no longer an "employee" at the time of the purported retaliatory acts.

  • Everson v. Dekalb County School District et al.

    Publication Date: 2018-03-02
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Louise Hornsby (The Hornsby Law Firm, LLC), Atlanta, for appellant.
    for defendant: Josie Alexander (Alexander & Associates), Atlanta; Marquetta Bryan (Nelson Mullins Riley & Scarborough LLP), Atlanta; Bernard Taylor, Kelly Etchells (Alston & Bird LLP), Atlanta, for appellee.

    Case Number: A17A1430

    The trial court properly dismissed plaintiff's claims against his former employer, a school district, and the district's former superintendent in his official capacity but erred in dismissing the claims against the former superintendent in his personal capacity arising out of plaintiff's termination following his alleged report of illegal activities at the school.

  • Burson et al. v. Milton Hall Surgical Associates, LLC

    Publication Date: 2017-11-01
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A1317

    The trial court partially erred in denying former employees' motion to dismiss former employer's breach of contract claims against them arising out of their employment contracts, because certain provisions of the agreements were too indefinite to be enforceable.

  • CMGRP, Inc. v. Gallant, et al

    Publication Date: 2017-10-18
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Eric Barton (Attorney at Law), Atlanta; Daniel Hart, Alexander Meier (Seyfarth Shaw LLP), Atlanta, for appellant.
    for defendant: Harry Winograd, Robert Rigrish (Bodker Ramsey Andrews Winograd & Wildstein PC), Atlanta; Harry Winograd (Attorney at Law), Atlanta, for appellee.

    Case Number: A17A1168

    The trial court erred in finding that the non-recruitment provision in former employee's employment agreement, which precluded her from recruiting or hiring her former employer's employees, was overboard and unenforceable and erred in ruling that the non-recruitment provision was void because the customer non-solicitation provision in the same agreement was void.

  • O'Connor v. Fulton County et al.

    Publication Date: 2017-10-03
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: J. Matthew Maguire Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Jerolyn Webb Ferrari, Kristen Boyd Williams, Paula Rafferty Miller, Kaye Woodard Burwell (Office of the Fulton County Attorney), Atlanta; Dominique A. Martinez (Office of the County Attorney), Atlanta, for appellee.

    Case Number: S17A0880

    The trial court properly granted summary judgment to Fulton County in plaintiff's suit for breach of contract, mandamus relief and attorney fees after his employment as the Finance Director for Fulton County was terminated because Fulton County Personnel Regulation 300-4 subsection (7) does not form the basis of an employment contract.