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Morris v. Turnkey Med. Eng'g Inc.
Publication Date: 2012-08-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys:
For plaintiff: David Schaeffer Chilivis, Cochran, Larkins & Bever LLP, Atlanta, for appellant.
For defendant: David Marshall Hawkins & Parnell, Atlanta, for appellee.
Case number: A12A0199

The trial court improperly excluded a plaintiff from the courtroom when he could not keep his head off the table due to his il

Mayfield v. Heiman
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys:
For plaintiff: Patrick Moore, Ross Ginsberg Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, James Voyles and Mark Milhollin The Voyles Milhollin Law Firm, Kennesaw, for appellant.
For defendant: . Anthony Cochran, Todd Swanson Chilivis Cochran Larkins & Bever LLP, Paul Burke and Eric Mull Drew Eckl & Farnham LLP, Atlanta, for appellees.
Case number: A12A0355

The statute of limitation barred the trust beneficiaries' claims against the trustee for breach of fiduciary duty and breach of trust, and the beneficiaries did not exercise due diligence to discove

Legacy Communities Group Inc. v. Branch Banking & Trust Co.
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys:
For plaintiff: Steven M. Kushner, Eugenia W. Iredale Fellows LaBriola LLP and John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
For defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, for appellee. Other party representation: Kevin A. Maxim The Maxim Law Firm PC, Simon H. Bloom, Stephanie A. Everett The Bloom Sugarman Everett LLP, John D. Dalbey and Brian F. McEvoy Chilivis, Cochran, Larkins & Bever, Atlanta.
Case number: A11A0696

A pr to answer for another's debt under the Statute of Frauds is only enforceable against a promisor if it identifies the debt, the principal debtor and the pr

Tampa Inv. Group Inc. v. Branch Banking and Trust Co. Inc.
Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys:
For plaintiff: John D. Dalbey, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever LLP, Eugenia W. Iredale and Steven M. Kushner Fellows LaBriola LLP, Atlanta, for appellant.
For defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for appellee.
Case number: S11G1728; S11G1729

Although the guaranties at issue did not individually and specifically identify the debt guaranteed, the plain meaning of their language showed that the obligations had no temporal limitation and ap

Savannah Cemetery Group Inc. v. Depue-Wilbert Vault Co.
Publication Date: 2010-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys:
For plaintiff: Eric R. Gotwalt Zipperer, Lorberbaum & Beauvais, Savannah, and Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
For defendant: . Owen C. Murphy and Carrie H. Bacon Inglesby, Falligant, Horne & Covington, Savannah, for appellees.
Case number: A10A1152

The trial court did not contradict itself by granting a permanent injunction in its original order and then stating in its order denying the motion for a new trial that the defendants had standing t

Abrams v. Putney
Publication Date: 2010-07-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys:
For plaintiff: William A. Wehunt, Atlanta, for appellant.
For defendant: Lawrence J. LoRusso LoRusso Law Firm PC, Atlanta, for appellee.
Case number: A10A1054

The evidence supported the award of attorneys' fees to th llee, since the parties' representation agreement provided that th llant would pay th llee at the rate of $335 per hour, if t

Adamson v. General Electric
Publication Date: 2010-04-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys:
For plaintiff: Robert C. Buck Childers, Buck & Schlueter LLP, David A. Webster, Wendell K. Willard, Atlanta, W. Benjamin Ballenger, Summerville, G. Patterson Keahey, Birmingham, Ala., and Gary M. DiMuzio, Houston, Texas, for appellant.
For defendant: . John D. Dalbey, Amy E. Fouts Chilivis, Cochran, Larkins & Bever, Erin E. Shofner Hawkins & Parnell, Jennifer M. Techman Evert & Weathersby LLC, Robert A. Barnaby II Donahue, Nelson & Cohen LLC, Christopher G. Conley, Atlanta, and Nickolas P. T. Chilivis Cruser & Mitchell, Norcross, for appellees.
Case number: A09A2302

In an asbestos case, the appellants' other evidence, based on the decedent's depositions and the depositions of several alleged co-workers, sufficiently specific to establish that the decedent

McLellan v. Chilivis, Cochran, Larkins & Bever LLP
Publication Date: 2010-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys:
For plaintiff: Deborah A. Ausburn FSB Legal Counsel, Woodstock, for appellant.
For defendant: . L. Matt Wilson and Douglas H. Tozzi The Wilson Law Firm PC, Atlanta, for appellee.
Case number: A09A1645

The trial court did not lack subject matter jurisdiction on grounds that the parties agreed to submit to binding arbitration, because the law firm's former client took actions in the litigation that

Heiman v. Mayfield
Publication Date: 2009-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys:
For plaintiff: Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
For defendant: James E. Voyles and Mark F. Milhollin The Voyles Milhollin Law Firm, Kennesaw, Paul W. Burke Drew Eckl & Farnham, Peter Q. Bassett, Kerry K. Vatzakas Alston & Bird, Dan F. Laney III and Kimberly L. Myers Rogers & Hardin LLP, Atlanta, for appellee.
Case number: A09A2253

Exculpatory clauses in a trust instrument are not effective to relieve a trustee of liability for breach of trust committed in bad faith, intentionally or with reckless indifference to the interest

Board of Regents of the Univ. Sys. of Ga. d/b/a Med. College of Ga. v. Ambati
Publication Date: 2009-09-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys:
For plaintiff: Thurbert E. Baker, Attorney General, Julia Anderson, Assistant Attorney General, and George M. Weaver Hollberg & Weaver LLP, Atlanta, for appellant.
For defendant: Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellee.
Case number: A09A1385

The jury's verdict of $650K to the former assistant professor of ophthalmology at the Medical College of Georgia "MCG" for the breach of his employment contract for failing to follow MCG's own Rules

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