Andrew L. Smith, guardian of Buford Ray Bilbo, age 87, sued Powers Heating and Cooling, et al. on a negligence theory claiming that two employees of Defendant left a gas valve uncapped after inspecting his home. A subsequent explosion on May 3, 2004 killed Martha Bilbo and injured Ray Bilbo.

The defenses asserted by defendants are not available.... More...   $670000 (11-10-2009 - GA)

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...   $0 (10-30-2009 - GA)

Debra Thornton, age 57, sued Jesus Herrera on an auto negligence theory claiming that she sustained debilitating ankle injuries as a result of an car wreck caused by Herrera who was drinking while drunk on January 31, 2007. Herrera ran into the back of another car propelling it into the path of Thornton's car, which was traveling in the opposite direction.

Herrera pleaded guilty to DUI, ser... More...   $166000 (10-24-2009 - GA)

In an oft-repeated statement from the Vietnam War, an unidentified American military officer reputedly said that “we had to destroy the village to save it.â€� That oxymoronic explanation may be apocryphal, but 1 the debt collection agency in this case offers up much the same logic to explain why it violated the Fair Debt Collection Practices Act: it was necessary to violate the Act in order to c... More...   $0 (10-14-2009 - GA)

John Henry Hoard, age 56, sued Boston Men's Health Center, Inc. on a medical negligence (medical malpractice) theory claiming that he did not receive appropriate care and treatment for his erectile dysfunction problem. He further claimed that he experienced an erection that lasted two days and caused scar tissue to develop that permanent erectile dysfunction problems. Plaintiff claimed that he wa... More...   $9000000 (10-08-2009 - GA)

Caitlin Childs and Christopher Freeman sued DeKalb police officer David Gorman and Office Mark Maphet on civil rights violation claims under 42 U.S.C. 1983 for being arrested on disorderly conduct charges after they refused to give Maphet a piece of paper upon which they had written the car tag number of Gorman's unmarked police are at a vegan protect at a HoneyBaked Ham store. Gorman was, at the ... More...   $4 (09-26-2009 - GA)

Christopher Jones sued The City of College Park, Georgia and others on an employment discrimination theory, 42 U.S.C. 2000e, claiming that his contract was wrongfully not renewed for his economic development director position because of his race (white).

Defendants claimed that plaintiff was fired because he was insubordinate and incapable. It also claimed that Plaintiff did not do enoug... More...   $75000 (09-05-2009 - GA)

Sara Castle, age 55, sued Appalachian Technical College, Jasper Georgia, Joan Thompson, Dr. Martha Marquardt and Dr. Trina Boteler claiming that she was wrongfully expelled from a nurses training program after she complained that an instructor repeatedly dismissed students early and the teacher was fired. She claimed that she was expelled because she blow the whistle on the instructor. Plaintiff c... More...   $450000 (08-27-2009 - GA)

Family and Estate of William Rowland sued Medical Staffing Network and DeKalb Medical Center on medical negligence theories claiming that defendants' failure to exercise due care in monitoring and caring for William Rowland, age 73, while he was a patient at the DeKalb Medical Center following an auto accident in December 2005 resulted in his death. Plaintiff claimed that nurses working for the h... More...   $3800000 (08-22-2009 - GA)

Ed and Brenda Hammitt sued Ken Busbin and Teresa Watson on a tort theories claiming that they were defamed by a December 2007 comment posted on Teresa Waton's web site by Busbin that said that plaintiffs conspired to manufacture and sell marijuana and defraud Georgia Power. Plaintiff claimed that the posts on romenewsbywatson.com caused emotional distress.

Defendants denied wrongdoing.... More...   $0 (08-06-2009 - GA)

As Justice Holmes once remarked, “pretty much all law consists in forbidding men to do some things that they want to do.â€� Adkins v. Children’s Hospital, 261 U.S. 525, 568, 43 S. Ct. 394, 405 (1923) (Holmes, J., dissenting). In this case the Randolph County Board of Registrars wanted to change the voting registration of Henry Cook, a member of the county’s board of education, which also wou... More...   $0 (07-07-2009 - GA)

Larry Reece sued Home Depot on a negligence theory claiming that he fell and suffered neck and spine injuries after a pallet of plywood fell 24 feet from a forklift and hit him. Plaintiff's medical expenses were about $120,000, including surgery to repair herniated discs. Reece claimed that he was not able to return to work in the construction industry because of his injuries.

The defense... More...   $1500000 (07-02-2009 - GA)

Lockheed Martin sued L-3 Communications Corp. wrongfully appropriating and using proprietary data and breaching a nondisclosure agreement to refurbish P-3 maritime patrol aircraft for South Korea. Lockheed also sought a permanent injunction to prevent L-3 from continuing to use the same information in the future.

L-3 denied that it appropriated any trade secret information owned by Lockh... More...   $30000000 (06-01-2009 - GA)

This appeal presents the question whether reports by compliance inspectors of a water and sewer department that “owe[ their] existenceâ€� to investigative duties assigned to the inspectors are protected by the First Amendment from managerial discipline. Garcetti v. Ceballos, 547 U.S. 410, 421, 126 S. Ct. 1951, 1960 (2006). Daisy Abdur-Rahman and Ryan Petty, inspectors formerly employed by the De... More...   $0 (05-11-2009 - GA)

Jessica Mundy sued Ford Motor Company on a products liability theory claiming that she was severely injured and paralyzed when she was run over by her 2004 Ford Explorer after putting it in park and getting out of the vehicle. She claimed that the vehicle falsely indicated that the transmission was in park. When she noticed the vehicle moving after she got out of the car, she tried to reenter the... More...   $70000000 (05-06-2009 - GA)

Pursuant to Georgia’s State Purchasing Act (OCGA § 50-5-50 et seq.), on August 8, 2006, the Georgia Department of Technical and Adult Education (DTAE) sent a Request for Proposal to Diverse Power, Inc., Georgia Power Company, and the City of West Point, to solicit competitive bids for electrical services for a training center. All three responded with bids, and on October 18, 2006, DTAE notifie... More...   $0 (04-28-2009 - GA)

Appellant White House Inn and Suites (“the Innâ€�) owns 58 acres at the top of a mountain in Warm Springs, Georgia, upon which it operates a hotel and assisted-living facility. By two warranty deeds granting fee simple title, the Inn deeded a total of .25 acres of real property to the City of Warm Springs in 1998, and the City built a water tower on the property. The Inn also granted the City a ... More...   $0 (04-28-2009 - GA)

Appellee Hanson Staple Company brought suit for breach of contract, alleging that Appellant Olé Mexican Foods, Inc. failed to purchase over $300,000 worth of packaging which was specially manufactured by Appellee for Appellant. In its answer, Appellant denied all liability and asserted in a counterclaim that Appellee had “breached its agreement with [Appellant] by shipping defective product.â€�... More...   $0 (04-28-2009 - GA)

The facts underlying these consolidated cases show that, Ed Heller’s wife, Patricia, was killed when the taxi in which she was riding spun out of control on a rain-slick interstate highway and hit a tree. Heller, individually and as administrator of his wife’s estate (hereinafter collectively “Hellerâ€�), filed suit against the taxicab driver and the cab company that the driver worked for.1 ... More...   $0 (03-23-2009 - GA)

In 2006, Appellant City of Atlanta filed suit against Appellee Hotels.com, L.P., and several other online travel companies (“OTCsâ€�)1 seeking recovery for the OTCs’ alleged liability for unpaid hotel occupancy taxes. Following the trial court’s dismissal of the City’s action, the Court of Appeals affirmed based on lack of subject matter jurisdiction due to the City’s failure to exhaust ... More...   $0 (03-23-2009 - GA)

This appeal calls upon us to address the scope of the Rooker-Feldman1 doctrine, which provides that “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.â€� Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court has only applied the Rooker-Feldman doctrine as a bar to jurisdiction on two occasions, the first instance being Rooker and t... More...   $0 (02-18-2009 - GA)

Wilbur Allmond appeals the district court’s grant of summary judgment to Akal Security Inc. and the Attorney General on his discrimination claims under the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. Believing that the affirmative business-necessity defense applies here, we affirm the judgment.

BACKGROUN... More...   $0 (03-08-2009 - GA)

We decide in this appeal whether an officer, James Gilstrap, used excessive force in violation of the Fourteenth Amendment when he kicked a pretrial detainee, Reginald Scott Fennell, who was combative and struggling with police officers. Gilstrap witnessed an earlier struggle between Fennell and officers, heard Fennell threaten officers, heard a fellow officer call out for Fennell to let go of his... More...   $0 (03-08-2009 - GA)

Georgia Power Company sued Glade Farms, LLC on an eminent domain theory seeking to acquire by condemnation 109 acres of right-of-way for a three mile long stretch of power lines that it want to construct on undeveloped land in North Hall County Georgia. Georgia Power offered Glade Farms $3.9 million for the right-of-way but Glade Farms wanted $10 million to $18 million. he property is owned by t... More...   $6100000 (02-14-2009 - GA)

This appeal presents the issue whether a complaint satisfies the heightened standard for pleading scienter, under section 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b), when the complaint alleges that a chief executive officer who had granted backdated options in 2000 and 2001 later signed security filings and made other statements that minimally overstated earnings between 2004 and 20... More...   $0 (01-09-2009 - GA)

This appeal presents the issue whether a consumer reporting agency willfully violated the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq, when the agency sold a consumer report to a creditor for “account reviewâ€� after the consumer had closed his account with that creditor. Experian Information Systems, Inc., sold Stephen G. Levine’s consumer report to a credit card issuer, Alliance Da... More...   $0 (01-12-2009 - GA)

Amoco Pipeline Holding Company (“Amocoâ€�) and Koch Business Holdings (“Kochâ€�) entered into a purchase agreement, pursuant to which Koch agreed to pay Amoco $295 million as a base payment for Amoco’s shares in a corporation. Koch also agreed to pay an extra $5 million subsequent to closing upon the occurrence of specified conditions. After closing, Koch took the position that the condition... More...   $0 (01-14-2009 - GA)

This appeal concerns whether the legitimate interest of the government of safeguarding the exercise of a civil right is outweighed by a corresponding burden of that right. Although this appeal does not involve the right to travel, e.g., United States v. Guest, 383 U.S. 745, 758, 86 S. Ct. 1170, 1178 (1966), a burden of air travel in contemporary society provides an apt comparison. Before an adult ... More...   $0 (01-14-2009 - GA)

This is a copyright infringement case involving rap music. At issue is a song entitled “The Weedman,â€� created by Plaintiff-Appellant Redwin Wilchcombe (“Wilchcombeâ€�), and incorporated on an album entitled “Kings of Crunkâ€� by Defendants-Appellees (“Appelleesâ€�).1 The district court dismissed Wilchcombe’s claim for breach of fiduciary duty pursuant to Federal Rule of Civil Procedure... More...   $0 (01-22-2009 - GA)

In this attorney negligence case, plaintiffs OFS Fitel LLC and OFS BrightWave LLC (collectively, “Fitelâ€�) appeal the district court’s final judgment of dismissal, contending the district court abused its discretion in imposing discovery sanctions. Defendant Epstein, Becker & Green, P.C. (“EBGâ€�) moved to dismiss the appeal for lack of jurisdiction. After review and oral argument, we concl... More...   $0 (11-30-1999 - GA)

David McDavid sued Time Warner, Inc. on a breach of contract theory claiming that the defendant company's Turner Broadcasting System breached its oral agreement with him to sell him the National Basketball Association's Atlanta Hawks and the National Hockey League's Atlanta Thrashers. McDavid, who had pursued failed bids for the NBA’s Charlotte Hornets and Memphis Grizzlies, negotiated with TBS ... More...   $0 (12-10-2008 - GA)

Appellants Teresa Stendahl and Timothy Cannon own property adjacent to a 65-acre parcel re-zoned by appellee Cobb County Board of Commissioners (“the Boardâ€�) on the application of appellees Johnson Ferry Baptist Church and Wellstar Health System. Within 30 days of the re-zoning decision, appellants filed an action in the Superior Court of Cobb County in which they appealed the re-zoning decisi... More...   $0 (10-27-2008 - GA)

We granted John Thurmond & Associates, Inc.’s (JTA) petition for writ of certiorari to the Court of Appeals to determine whether a plaintiff in a breach of contract and negligent construction case must prove fair market value of the property as a prerequisite to any recovery. See Kennedy v. John Thurmond & Assoc., 286 Ga. App. 642 (649 SE2d 762) (2007). For the reasons that follow, we hold that ... More...   $0 (10-27-2008 - GA)

These cases arise from a collision involving three tractor-trailers under contract with B-H Transfer Company and being driven in tandem by independent contractors. The last vehicle in line was owned by Dixon Trucking Company, Inc. and was driven by Harry Mitchell Dixon. That tractor-trailer allegedly struck the rear of the middle vehicle, forcing it into the rear of the lead vehicle, which was own... More...   $0 (11-03-2008 - GA)

Elmer Carlyle Brewton died on January 1, 2006. He did not have a wife or children, but his heirs at law are appellants and appellees who are his surviving siblings and/or the lineal descendants of siblings who predeceased him. Brewton executed a will on March 15, 2000. He executed another will on May 10, 2000 in which appellees were named executors. Twenty months later, he executed a codicil in wh... More...   $0 (11-03-2008 - GA)

This title dispute concerns property originally owned by Frankie Lord O’Kelley, who died on April 4, 1998. Plaintiff, Chiquita Holland, is Ms. O’Kelley’s daughter; defendants, Thomas Lord, Jr., and Thomas Lord III, are Ms. O’Kelley’s son and grandson. Plaintiff claims title to the property under a deed dated June 28, 1995 and filed April 3, 1998 – the afternoon before Ms. O’Kelley di... More...   $0 (01-08-2008 - GA)

The key issue in this appeal is whether the practice of two county commissions that allow volunteer leaders of different religions, on a rotating basis, to offer invocations with a variety of religious expressions violates the Establishment Clause. Both the Cobb County Commission and the Cobb County Planning Commission have a long tradition of opening their meetings with a prayer offered by volunt... More...   $0 (11-04-2008 - GA)

The Justice Department today announced a settlement that, pending court approval, will require the Housing Authority for the City of Winder, Ga., (WHA), to pay up to $490,000 to resolve allegations that it engaged in a pattern or practice of discriminating against African-American tenants and housing applicants.

The WHA is a public housing authority that provides housing for persons of low ... More...   $0 (09-26-2008 - GA)

In this appeal we consider whether a plan administrator’s reduction of benefits under a long-term-disability plan based on a participant’s receipt of Social Security disability benefits is reasonable and entitled to deference. Frankie White and Leon Warner appeal the summary judgment against their complaints for benefits under the Coca-Cola Company Long Term Disability Income Plan, which is go... More...   $0 (09-10-2008 - GA)

Cyndi McCarty sued MARTA on a negligence theory claiming that she was hurt when a 75-foot escalator in the Preachtree Center station suddenly lunged forward after its drive chains and brakes failed. McCarty was in Atlanta attending a trade show when she was riding the escalator when she alleged it failed. She further claimed that the free-fall of the escalator injured her neck and shoulder.
... More...   $525000 (09-13-2008 - GA)