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UNITED
STATES DISTRICT COURT
1. «
Multivision Northwest v. Jerrold Electronics,
356 F.Supp. 207, 13 UCC Rep. Serv. 1013 (1972), U.S.D.C., N.D.
Ga. Defendant’s verdict. Product liability. Commercial claim for
defective capacitors employed in a cable television transmission
system. Mutivision, a new company, was faced with the difficulty
of establishing damages and proximate cause. As to damages, the
use of revenue regression growth curves in a start-up company so
as to avoid the legal prohibition against speculative damages
for businesses that do not have an earning history was accepted
by the court. Relief was denied by the court due to proximate
cause issues related to deficiencies and negligence of
Multivision’s own engineers in timely recognition of the causes
of its problems in transmitting TV signals.
2. Hamilton Bank & Trust Company v. T. Wendell
Holliday, et al., 469 F.Supp. 1229, Blue Sky L. Rep.,
p. 71,521, Fed. Sec. L. Rep., p. 96,953 (1979). Representation
of defendants Brennen, Garner and Sweetin. Motion for summary
judgment granted in part, denied in part. This case arose out of
the failure of Hamilton Bank & Trust Company. Defendants
Brennen, Garner and Sweetin were officers of a wholly owned
subsidiary doing business as Hamilton Factors which was involved
in commercial finance (factoring) of accounts receivable. On
motion for summary judgment, Brennen, Garner and Sweetin
prevailed on the issue that commercial factoring of receivables
did not constitute dealing in “securities” so as to support
plaintiff’s securities violations claims based on failure to
register. Motion for summary judgment with respect to aiding and
abetting the sale of securities, common law fraud and statute of
limitations were denied, citing “factual issues.” Those “factual
issues” were later resolved in favor of the defendants.
3. State Farm Fire & Casualty Insurance Company
v. Edward L. White, et al., 777 F.Supp. 952 (1991).
Represented Defendants Gregg Sims and North Georgia Development
Partnership in this declaratory judgment action. Declaratory
judgment re: coverage pursuant to “advertising injury”
provisions of commercial insurance contract. Our client, Gregg
Sims, an architect, and his company, North Georgia Development
Partnership, had sued White, Rozzell, Davis, Barksdale, C&R
Development Company in an underlying case alleging that these
defendants built apartment complexes relying on plans that were
drawn by Sims, owned by NGDP and alleging that the defendants were
guilty of predicate acts of theft, conversion, unjust
enrichment, conspiracy to convert to their own use certain
architectural, business plans and intellectual property of Gregg
Sims and NGDP in that the defendants jointly and severally paid
an electrician to steal, a draftsman to copy, and another
architect to place an imprimatature on plans, trade dress and
specifications designed by Sims, and which were his intellectual
property. Damages were sought in conversion, quantum merit,
assumpsit, violation of common law copyright, copyright
infringement, and unfair business practices. Punitive damages
were also sought. The trial court granted in part and denied in
part State Farm’s motion for summary judgment, holding that
claims of theft, conversion and copyright conversion were not
covered, but that all damages related to the value of the
printed plans would fall within the definition of property loss
for which advertising injury coverage existed.
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