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Buttacavoli v. Owen, Gleaton, Egan, Jones Sweeney LLP

The plaintiff's action against a law firm and an attorney was an unauthorized collateral attack on a settlement agreement entered in an underlying medical malpractice lawsuit.

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Michelle Buttacavoli filed suit individually and on behalf of her minor daughter against the law firm of Owen, Gleaton, Egan, Jones Sweeney LLP “Owen Gleaton” and one of the firm’s attorneys, Amy J. Kolczak, for actions taken in an underlying medical malpractice lawsuit that Buttacavoli settled. The trial court granted summary judgment to Owen Gleaton and Kolczak, and Buttacavoli appeals. Buttacavoli contends that the trial court erred by holding that 1 this case constituted a collateral attack on the prior litigation; 2 Georgia’s RICO Racketeer Influenced and Corrupt Organizations Act does not apply to obstruction of justice and conspiracy to commit perjury claims; and 3 she cannot proceed with her state law invasion of privacy claim based on violations of the Health Insurance Portability and Accountability Act “HIPAA” because there is no private cause of action under HIPAA. For reasons that follow, we affirm.

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. On appeal from a grant of summary judgment, we apply a de novo standard of review and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Walter R. Thomas Assoc., Inc. v. Media Dynamite, Inc., 284 Ga. App. 413, 413-414 643 SE2d 883 2007.

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