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May 02, 2024 | Daily Report Online

'Staggering Gamesmanship': Case Law, Statute Clash Over 'Gotcha' Settlement Tactics on Appeal

Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
5 minute read
April 30, 2024 | Daily Report Online

A 'Gotcha Tactic'?: Court of Appeals to Hear 'Bad Faith' Settlement Claim Dispute at Oral Argument

According to the defendant-appellants, the plaintiff's demand was emblematic of a "set-up" offer by which an "attorney could … try to avoid a policy-limits settlement by sending a needlessly complicated demand with a myriad of confusing and seemingly trivial terms designed to elicit a rejection."
5 minute read
Ferguson et al. v. Bowers et al.
Publication Date: 2024-04-29
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
For defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
Case number: A23A1715

Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.
Publication Date: 2024-04-22
Practice Area: Contracts | Employment Litigation
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys:
For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
For defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
Case number: A23A1627

Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

April 18, 2024 | Daily Report Online

2024 Southeastern Legal Awards Honorees Announced

The Daily Report and Law.com are pleased to announce its 2024 winners and finalists for the second annual Southeastern Legal Awards. Previously known…
4 minute read
April 15, 2024 | Daily Report Online

On the Move: Thompson Coburn Enters Southeast With Birmingham Office Launch

Thompson Coburn has lured a former education practice leader and others from Maynard Nexsen. Meanwhile, a former Home Depot in-house lawyer returns to boutique Bondurant Mixson.
6 minute read
April 11, 2024 | Daily Report Online

'With All Due Respect, I Disagree': Intermediate Court Judge Clashes With Litigator Over Case of Employee Slain by Co-Worker

According to the defendant-appellees, if the intermediate court sides with the appellants, it "would throw the Workers' Compensation Board into chaos."
5 minute read
April 03, 2024 | Daily Report Online

Appeals Court Asked to Decide Jurisdiction in Fatal Shooting at Work

The panel will have to sort out arguments for the matter to go to trial or through the workers' comp process.
6 minute read
March 28, 2024 | Daily Report Online

Bondurant Mixson & Elmore Founder Recognized for His Decades of Pro Bono Influence

With its "highest honor" award, the ABA is recognizing Emmet Bondurant, whose work led to "one person, one vote" rule, Georgia indigent defense law.
6 minute read
March 15, 2024 | Daily Report Online

Georgia Appellate Court Rules Landlords Not Liable for Premises Liability Shooting Claims, Even if They Keep Right of Entry

The plaintiff-appellant is the mother of a child who was shot by another boy who lived in the apartment complex. She argued that if the landlord took action to remove the gun from the child's apartment unit after receiving reports that he was carrying it in the common areas, her son wouldn't have died.
4 minute read

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