Case Milford Washington v. Clerk, DeKalb County Superior Court Court Court of Appeals of Georgia Judge Not specified Date Decided
The First Department held that a revocable trust containing no transferred assets could not govern a decedent’s estate and refused to imply a gift contrary to the instrument’s limited text.
The First Department held that contractual substance—including a 60-day termination right and transfer ban—supported treating health-care occupants as licensees rather than tenants.
The First Department held that Euroclear account statements authorized beneficial owners to sue on defaulted notes and that conflicting Chinese law did not excuse payment under a New York-law indenture.
The Second Department enforced redline deletions from a construction indemnity clause, excluding purely economic losses while leaving consequential security costs for trial.
Applying California law in a New York action, the Second Department preserved an employee’s contract counterclaim but dismissed a duplicative implied-covenant claim that conflicted with at-will terms.
The Fourth Department held that an unambiguous 1989 deed conclusively conveyed the disputed right-of-way segment and that unilateral mistake without fraud could not support reformation.
Case Stonebark Pty Limited ACN 638 659 499 v Disage Pty Limited ACN 067 791 388 Court Supreme Court of
Case Derrick B. Jackson v. Wanda Paul, Clerk Court Court of Appeals of Georgia Judge Not specified Date Decided October
The Court of Appeals affirmed the denial of New-Indy’s venue motion. The agreement was formed when the North Carolina representative approved the purchase order, so it was entered in North Carolina. Even assuming incorporation, G.S. 22B-3 made the out-of-state forum clause void and unenforceable.
Case Yorkland, Ltd. v. Kildow Court Ohio Court of Appeals, Fifth Appellate District Judge William B. Hoffman (elected 1991); Craig
Case David Johnson v. Carter Brown, Clerk, Walker County et al. Court Court of Appeals of Georgia Judge Not specified
The Fourth Department refused to reopen a divorce settlement over a medical-practice sale because the wife received notice of a potential transaction before waiving further disclosure.
The First Department confirmed a technology arbitration award, holding that contract interpretation, factual findings, and damages proof did not establish manifest disregard of law.
The First Department held that each retired player’s concussion claim is at least one separate occurrence, found the NFL’s class settlement reasonable, and ruled that football is not a products-hazard product.
The First Department held that internally inconsistent surrender provisions in retail lease guaranties had to be construed against the landlord-drafter, ending guarantor liability when the tenant vacated.
The Superior Court refused to compel arbitration because FloatMe’s mobile signup did not conspicuously disclose the jury and class-action rights consumers purportedly waived.
The First Department held that incorporating the AAA Commercial Rules did not guarantee a commercial-panel arbitrator and that the AAA or arbitrator must first resolve a challenge to employment-division routing.
The First Department held that a tenant’s nominal five-year extension did not cure a commercial mortgage cash sweep because an at-will termination option could end the lease after 13 months.
The Second Department held that a sewer contractor did not launch an instrument of harm under Espinal when its repair work did not create or worsen a restaurant’s fatal carbon-monoxide condition.