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Sentinel Insurance Company, Ltd. v. Tropical Smoothie Cafe, Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,or in the alternative, for a More Definite Statement with Brief In Support

16 Cited authorities

  1. American Casual Dining, L.P. v. Moe's Southwest Grill, L.L.C.

    426 F. Supp. 2d 1356 (N.D. Ga. 2006)   Cited 103 times   2 Legal Analyses
    Holding common law breach of the implied covenant claims must be tied to breach of specific contractual provision

  2. McReynolds v. Krebs

    290 Ga. 850 (Ga. 2012)   Cited 36 times
    Holding that § 51-12-32 "cannot trump the rules set forth in OCGA § 51-12-33 because it begins with the phrase, 'except as provided in Code Section 51-12-33'"

  3. Gold Cross Ems, Inc. v. Children's Hosp. of Ala.

    108 F. Supp. 3d 1376 (S.D. Ga. 2015)   Cited 20 times

    No. CV 113–081. 06-01-2015 GOLD CROSS EMS, INC., Plaintiff, v. The CHILDREN'S HOSPITAL OF ALABAMA, Defendant. J. Robert Persons, Steven D. Henry, Smith Moore Leatherwood LLP, Atlanta, GA, for Plaintiff. Alexander H. Booth, Mark W. Wortham, Hall, Booth, Smith & Slover, PC, Atlanta, GA, Jasper P. Juliano, Mark W. Lee, Parsons, Lee & Juliano, P.C., Birmingham, AL, for Defendant. J. RANDAL HALL, District Judge. J. Robert Persons, Steven D. Henry, Smith Moore Leatherwood LLP, Atlanta, GA, for Plaintiff

  4. Gill v. B & R International, Inc.

    234 Ga. App. 528 (Ga. Ct. App. 1998)   Cited 32 times
    Holding that a promise of severance payment by an employer was unenforceable because the employee did not do or promise anything in exchange for the promise

  5. Dist. Owners Ass'n, Inc. v. Environmental

    322 Ga. App. 713 (Ga. Ct. App. 2013)   Cited 12 times   1 Legal Analyses
    Affirming trial court's holding that "[b]ecause DOA has made no allegations of imputed or vicarious liability, it has failed to show that it is entitled to common law indemnity"

  6. Gold Cross EMS, Inc. v. Children's Hospital

    648 F. App'x 976 (11th Cir. 2016)   Cited 2 times
    Finding and citing cases supporting the proposition that a party abandons an issue when it makes only passing reference to it and does not develop supporting arguments

  7. Davis v. City of Atlanta

    CIVIL ACTION FILE NO. 1:16-cv-2037-TWT-JKL (N.D. Ga. Mar. 2, 2017)

    CIVIL ACTION FILE NO. 1:16-cv-2037-TWT-JKL 03-02-2017 MELISSA DAVIS, Plaintiff, v. CITY OF ATLANTA, et al., Defendants. JOHN K. LARKINS III United States Magistrate Judge NON-FINAL REPORT AND RECOMMENDATION This matter is presently before the Court on Defendants' motion to dismiss [Doc. 20] and Plaintiff Melissa Davis's motion for leave to file a second amended complaint [Doc. 23]. For the following reasons, the Court RECOMMENDS that the motion for leave to amend be DENIED [Doc. 23] and the motion

  8. City of Albany v. Pippin

    269 Ga. App. 22 (Ga. Ct. App. 2004)   Cited 10 times

    A04A1352. DECIDED AUGUST 6, 2004. Contribution. Dougherty Superior Court. Before Judge Goss. Jenkins Olson, Peter R. Olson, for appellant. Alston Bird, Jay D. Bennett, for appellees. BLACKBURN, Presiding Judge. The City of Albany appeals the trial court's ruling in favor of C.M. Pippin, Jr., Barbara Pippin, and Sani-Agri Services, Inc. (the "appellees"), following a full bench trial. The City sought contribution pursuant to OCGA § 51-12-32, from the appellees, its alleged joint tortfeasors, following

  9. Gold Cross EMS, Inc. v. Children's Hospital of Alabama

    79 F. Supp. 3d 1316 (S.D. Ga. 2015)   Cited 1 times

    No. CV 113–081. 01-08-2015 GOLD CROSS EMS, INC., Plaintiff, v. The CHILDREN'S HOSPITAL OF ALABAMA, Defendant. J. Robert Persons, Steven D. Henry, Smith Moore Leatherwood LLP, Atlanta, GA, for Plaintiff. Alexander H. Booth, Mark W. Wortham, Hall, Booth, Smith & Slover, PC, Atlanta, GA, Jasper P. Juliano, Mark W. Lee, Parsons, Lee & Juliano, P.C., Birmingham, AL, for Defendant. J. RANDAL HALL, District Judge. J. Robert Persons, Steven D. Henry, Smith Moore Leatherwood LLP, Atlanta, GA, for Plaintiff

  10. Jackson v. Williams

    209 Ga. App. 640 (Ga. Ct. App. 1993)   Cited 11 times
    Finding construction agreement unenforceable where there was no agreement regarding the material to use in construction, the precise location of the construction, the time period for construction

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,644 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  13. Section 13-6-11 - Recovery of expenses of litigation generally

    Ga. Code § 13-6-11   Cited 1,663 times   4 Legal Analyses
    Permitting recovery of attorney's fees against a party that “has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense”

  14. Section 13-3-1 - Essentials of contracts generally

    Ga. Code § 13-3-1   Cited 295 times
    Describing the essentials of a contract under Georgia law

  15. Section 51-12-33 - Reduction and apportionment of award or bar of recovery according to percentage of fault of parties and nonparties

    Ga. Code § 51-12-33   Cited 208 times   18 Legal Analyses
    Holding that assessments of damages against non-party are not binding or collectable