Attorney John David Hipes's Legal Cases

Insurance

Admiral Ins. Co. v. Cresent Hills Apartments

Apr 24, 2003

OUTCOME: Summary judgment for insurance agency affirmed

Insurer sought declaratory judgment that commercial property insurance policy had been effectively cancelled prior to fire that damaged insured's apartment complex. Insured counterclaimed for coverage ... and asserted cross-claim against insurance agency alleging breach of fiduciary duty and obligation to obtain replacement insurance. The United States District Court for the Northern District of Georgia, No. 01-01042-CV-MHS-1, Marvin H. Shoob, J., granted summary judgment for insurer and agency, and insured appealed. The Court of Appeals held that agency by agreeing to procure policy did not thereby assume duty to insured to procure replacement coverage upon cancellation of policy.

Litigation

Cohran v. State Bar of Georgia

Mar 05, 1992

OUTCOME: Motion to dismiss granted

Attorney brought action under Â§ 1983 seeking to prevent the Georgia State Bar from proceeding with disciplinary action against him. After the Georgia Supreme Court entered judgment suspending plaintif ... f from the practice of law for two years, plaintiff filed motion to restrain the State Bar from implementing judgment. On defendants' motions to dismiss, the District Court, Forrester, J., held that: (1) district court lacked subject matter jurisdiction over action in which plaintiff was asking district court to act as appellate court to review decision of state's highest court, since proper forum was the United States Supreme Court; (2) State Bar rules governing initiation of disciplinary proceedings did not violate due process or equal protection; (3) doctrine of absolute judicial immunity precluded claims for money damages; and (4) suit was also barred by the Eleventh Amendment.

Litigation

Greene v. Wright

Jun 24, 1991

OUTCOME: Jury verdict for defendant affirmed

Worker brought action against forklift operator to recover for injuries sustained as result of accident on construction site. The DeKalb Superior Court, Castellani, J., entered judgment for forklift op ... erator pursuant to jury verdict, and worker appealed. The Court of Appeals, Banke, P.J., held that trial court properly charged jury on doctrines of legal accident, comparative negligence, and avoidance of consequences.

Litigation

Barber v. H & H Muller Enterprises, Inc.

Sep 07, 1990

OUTCOME: Summary judgment for defendant affirmed

Arrestee arrested in connection with restaurant robbery brought action against restaurant owner for malicious arrest and prosecution. The DeKalb Superior Court, Weeks, J., granted summary judgment in f ... avor of owner, and arrestee appealed. The Court of Appeals, Birdsong, J., held that arrestee failed to establish requisite malice.

John David Hipes's Legal Cases (4)

Admiral Ins. Co. v. Cresent Hills Apartments

Cohran v. State Bar of Georgia

Greene v. Wright

Barber v. H & H Muller Enterprises, Inc.