§Why CasetextPricing

Capital Consulting, Llc v. Prestige Global Trading, Ltd et al

REPLY BRIEF re MOTION to Dismiss

16 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,223 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Long ex rel. Purvis v. Satz

    181 F.3d 1275 (11th Cir. 1999)   Cited 328 times
    Holding that a plaintiff’s failure to request leave to amend anywhere outside of her opposition to the motion to dismiss "preclude[d] the plaintiff’s argument on appeal that the district court abused its discretion by denying her leave to amend her complaint"

  3. First Data POS, Inc. v. Willis

    273 Ga. 792 (Ga. 2001)   Cited 90 times
    Holding that in a non-rescission case a contractual disclaimer may bar a fraud claim based on a pre-contract promise that directly contradicts the terms of the written contract

  4. Argentum Int'l v. Woods

    280 Ga. App. 440 (Ga. Ct. App. 2006)   Cited 27 times
    Affirming lower court

  5. Atlanta Dev. Auth. v. Clark Atlanta Univ., Inc.

    298 Ga. 575 (Ga. 2016)   Cited 16 times

    No. S15A1684. 03-07-2016 ATLANTA DEVELOPMENT AUTHORITY, d/b/a Invest Atlanta v. CLARK ATLANTA UNIVERSITY, INC. Roy Edward Hadley Jr., James Christopher Fox II, John Lloyd Watkins, Garrett A. Nail, Thompson Hine, LLP, Atlanta, for appellant. Derin Bronson Dickerson, Bernard Taylor, Alston & Bird, LLP, Atlanta, for appellee. HINES, Presiding Justice. Roy Edward Hadley Jr., James Christopher Fox II, John Lloyd Watkins, Garrett A. Nail, Thompson Hine, LLP, Atlanta, for appellant. Derin Bronson Dickerson

  6. Lay Brothers, Inc. v. Golden Pantry Food Stores

    273 Ga. App. 870 (Ga. Ct. App. 2005)   Cited 23 times
    Incorporating into a lease Georgia's legal definition of "trade fixture" to determine that a store canopy was a "store fixture" and could be removed by the lessee without breach

  7. Kobatake v. E.I. DuPont De Nemours & Co.

    162 F.3d 619 (11th Cir. 1998)   Cited 31 times
    Holding plaintiffs who had "neither offered to return nor actually returned the money they received in consideration for . . . releases [from liability]" to have affirmed the contract

  8. Harris v. Distinctive Builders

    249 Ga. App. 686 (Ga. Ct. App. 2001)   Cited 26 times

    A01A0665, A01A0666. DECIDED: MAY 23, 2001 Action on contract. Fulton Superior Court. Before Judge Lane. Kilpatrick Stockton, Thomas C. Harney, Michael T. Carithers, Craig A. Gillen, for appellants. Weinstock Scavo, Michael Weinstock, Adam M. Gleklen, for Appellee. BARNES, Judge. This appeal involves negotiations between Distinctive Builders, Inc. ("DB") and Richard Harris, co-trustee of the Trust U/W of Katie Allen Harris ("Trust"), to purchase 3.03 acres of land off Northside Drive in Atlanta owned

  9. Lackey v. McDowell

    262 Ga. 185 (Ga. 1992)   Cited 37 times
    In Lackey v. McDowell, 262 Ga. 185, 415 S.E.2d 902, 903 (1992), the Georgia Supreme Court set forth the following rule regarding releases of liability of joint tortfeasors: “Only those parties named in the release will be discharged by that instrument.

  10. Carroll v. Bd. of Regents of the Univ. Sys. of Ga.

    324 Ga. App. 598 (Ga. Ct. App. 2013)   Cited 9 times
    Involving a breach of contract action brought by a professor based on the interpretation of a settlement agreement with the Board of Regents that permitted her to retire early

  11. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure