Turner Broadcasting System, Inc. v. McDavid

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming the denial of a motion for j.n.o.v. where “[t]he evidence on the issue of contract formation was highly controverted and presented genuine issues of fact for the jury’s resolution”
• determining whether there was mutual assent by applying \an objective theory of intent whereby one party's intention is deemed to be that meaning a reasonable [person] ... would ascribe to the [ ] party's manifestations of assent\
• finding a jury question as to the parties’ intent to be bound, despite non-binding language in a letter of intent, on the basis of oral statements that “we have a deal” and the “deal is done”
• “Even complex or expensive contracts may be oral, as long as the evidence establishes the parties’ mutual assent to all essential terms of the contract.”
• “We recognize that damages for breach of contract claims are compensatory awards designed to give the injured party the benefit of his bargain.”
• “[T]he circumstances surrounding the making of the contract, such as correspondence and discussions, are relevant in deciding if there was a mutual assent to an agreement.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

• Bedsole v. Action Outdoor Advertising JV, LLC
  Court of Appeals of Georgia· 2013-11-08· cited 29×
• Turnage v. Kasper
  Court of Appeals of Georgia· 2010-11-30· cited 28×
• Mark Vernon v. Assurance Forensic Accounting, LLC
  Court of Appeals of Georgia· 2015-07-08· cited 28×
• Jones v. White
  Court of Appeals of Georgia· 2011-10-04· cited 23×
• Pulte Home Corp. v. Simerly
  Court of Appeals of Georgia· 2013-07-08· cited 18×
• Wellons, Inc. v. LANGBOARD, INC.
  Court of Appeals of Georgia· 2012-03-27· cited 15×
• Thompson v. Floyd
  Court of Appeals of Georgia· 2011-07-08· cited 14×
• Doss & Associates v. First American Title Insurance
  Court of Appeals of Georgia· 2013-12-13· cited 10×
• Legacy Academy, Inc. v. JLK, Inc.
  Court of Appeals of Georgia· 2014-11-20· cited 9×
• Ingles Markets, Inc. v. Kempler
  Court of Appeals of Georgia· 2012-07-11· cited 8×
• Callaway v. Garner
  Court of Appeals of Georgia· 2014-03-25· cited 8×
• Cowan v. Carillo
  Court of Appeals of Georgia· 2015-03-19· cited 8×
• Michael Dolan v. Air Mechanix, LLC
  Court of Appeals of Georgia· 2017-06-28· cited 7×
• AARON v. UNITED HEALTH SERVICES OF GEORGIA, INC., Et Al.
  Court of Appeals of Georgia· 2019-03-15· cited 6×
• National Fire Insurance v. Thrasher Contracting, LLC
  N.D. Georgia· 2015-08-31· cited 6×
• Lynx Real Estate, Inc. v. F. A. L. Investments, LLC
  Court of Appeals of Georgia· 2011-11-01· cited 4×
• Meunier Carlin & Curfman, LLC v. Scidera, Inc.
  N.D. Georgia· 2018-06-22· cited 3×
• Federated Bank v. Federal Deposit Insurance
  Eleventh Circuit· 2016-03-09· cited 3×
• Thomas v. Chance
  Court of Appeals of Georgia· 2014-02-07· cited 2×
• Gold Cross EMS, Inc. v. Children's Hospital of Alabama
  S.D. Georgia· 2015-01-08· cited 1×

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

• Daubert v. Merrell Dow Pharmaceuticals, Inc.
  Supreme Court· 1993-06-28· cited 21,376×
• Lazard Freres & Co., Plaintiff-Counter-Defendant-Appellee v. Protective Life Insurance Company, Defendant-Counter-Claimant-Appellant
  Second Circuit· 1997-03-26· cited 245×
• Schaller Telephone Company v. Golden Sky Systems, Inc.
  Eighth Circuit· 2002-09-04· cited 193×
• Bernard P. Ciaramella v. Reader's Digest Association, Inc.
  Second Circuit· 1997-12-15· cited 164×
• Adjustrite Systems, Inc., Stuart J. Orr, and Lu Elliott v. Gab Business Services, Inc. And Intermodal Technical Systems, Inc.
  Second Circuit· 1998-05-29· cited 155×
• Mattox v. Metropolitan Atlanta Rapid Transit Authority
  Court of Appeals of Georgia· 1991-07-11· cited 71×
• Cox Broadcasting Corp. v. National Collegiate Athletic Ass'n
  Supreme Court of Georgia· 1982-12-06· cited 70×
• GEORGIA NORTHEASTERN R. CO., INC. v. Lusk
  Supreme Court of Georgia· 2003-10-20· cited 43×
• Board of Regents of the University System v. Doe
  Court of Appeals of Georgia· 2006-03-29· cited 41×
• Steven R. Perles PC v. Kagy, Anne Marie
  D.C. Circuit· 2007-01-16· cited 38×
• Crankshaw v. Stanley Homes, Inc.
  Court of Appeals of Georgia· 1974-05-20· cited 38×
• Rental Equipment Group, LLC v. MACI, LLC
  Court of Appeals of Georgia· 2003-08-21· cited 37×
• John Thurmond & Associates, Inc. v. Kennedy
  Supreme Court of Georgia· 2008-10-27· cited 33×
• Legg v. STOVALL TIRE & MARINE, INC.
  Court of Appeals of Georgia· 2000-08-18· cited 32×
• Wadkins v. Smallwood
  Court of Appeals of Georgia· 2000-03-03· cited 26×
• State Ex Rel. Abraham Linc. Corp. v. Bedell
  West Virginia Supreme Court· 2004-07-15· cited 25×
• Cochran v. Eason
  Supreme Court of Georgia· 1971-02-15· cited 24×
• Georgia Department of Transportation v. Miller
  Court of Appeals of Georgia· 2009-11-10· cited 23×
• Cline v. Lee
  Court of Appeals of Georgia· 2003-03-11· cited 23×
• Jackson Electric Membership Corp. v. Georgia Power Co.
  Supreme Court of Georgia· 1988-02-04· cited 22×