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  • Butler v. Butler et al.

    Publication Date: 2022-04-12
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Lisa Taylor, (Stembridge Taylor LLC), Watkinsville, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Tiffany Ellenberg, (Attorney at Law), Madison, Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A21A1570

    Court vacates denial of unemployment benefits and remands for consideration of whether employee's health justified her leaving her job due to potential COVID exposure

  • Windward Campus Owner, LLC v. Good Night Medical of Ohio, LLC et al.

    Publication Date: 2022-04-07
    Practice Area: Deals and Transactions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Dolinsky, (Law Offices of David R. Dolinsky), Atlanta, Michael Weinstein, (MBW Law, LLC), Atlanta, for appellant.
    for defendant: Donald Boyle, John Richard, (Continuum Legal Group LLP), Atlanta, G. Nason, (Lamberth Cifelli Ellis & Nason PA), Atlanta, for appellee.
    Case Number: A21A1192

    Court affirms summary judgment order concluding that a voidable transaction did not occur and purchaser of commercial tenant's assets was not liable for rent payments

  • Dunwoody Obstetrics And Gynecology, P. C., et al. v. Franklin et al.

    Publication Date: 2022-04-01
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, J. Howard, Geoffrey Pope, (Pope & Howard, PC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A21A1691

    Excluding Critical Defense Evidence as Discovery Sanction Following Last-Minute Disclosure Not Abuse of Discretion

  • Med-Care Solutions, LLC et al. v. Bey & Associates, LLC

    Publication Date: 2022-03-23
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Matthew Schwartz, (Schwartz Law Center, LLC), Marietta, Karen Young, (Karen Young Law Firm), Saint Simons Island, for appellant.
    for defendant: Jason Alloy, Brian Lake, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, H. Dever, Hayes Dever, (Friedman, Dever & Merlin, LLC), Atlanta, for appellee; Mike Aziz, (Clark Mascaro & Aziz, P.C.), Atlanta, Alex Smith, (AM Smith Law Firm LLC), Atlanta, Lynn Hassett, (Hassett Law Group, LLC), Atlanta, for other party.
    Case Number: A21A1610

    Court affirms finding that medical funding companies could not enforce a lien that they attempted to enforce as an Article 9 security interest and not as a medical lien

  • Emory Healthcare, Inc. v. Van Engelen et al.

    Publication Date: 2022-03-22
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Joscelyn Hughes, (Bendin Sumrall & Ladner), Atlanta, Benjamin Ladner, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jeffrey Shiver, Marla Eastwood, Kyle Wallace, (Shiver Hamilton LLC), Atlanta, for appellee; Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for other party.
    Case Number: A21A1562

    Court affirms denial of a motion to dismiss and compel arbitration on a wrongful death/medical malpractice actions because agreement was not signed on behalf of claimant

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Pruitthealth-Augusta, LLC et al. v. Lyell et al.

    Publication Date: 2022-03-21
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Braintwain, Randolph Powell, Mark Simmons, (Huff Powell & Bailey LLC), Atlanta, James Purcell, David Hymel, (Fulcher Hagler LLP), AUGUSTA, for appellant.
    for defendant: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, for appellee.
    Case Number: A21A1681

    Court vacates order denying motion to dismiss wrongful death action and remands case for trial court to address relief under an arbitration agreement

  • In the Interest of M. B. et al., Children

    Publication Date: 2022-03-09
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Barnwell, Dalton, Joshua Smith, (Attorney at Law), Dalton, for appellant.
    for defendant: Christopher Carr, Penny Hannah, Shalen Nelson, (Attorney General), Atlanta, Andrew Powell, (Law Office of Andrew Powell), Cohutta, for appellee; Matthew Thames, (Matthew D. Thames, Attorney at Law), Dalton, for other party.
    Case Number: A21A1348

    Court affirms juvenile court ruling that changed circumstances require modification of a disposition order to give temporary custody of two children to DFCS

  • Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. et al. v. Kirby et al.

    Publication Date: 2022-02-28
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: T. Archer, James Hollis, (Balch & Bingham LLP), Atlanta, E. Hogan, Allison Ryan, Briana Black, Catherine Stetson, (Hogan Lovells US LLP), Washington, for appellant.
    for defendant: Jason Doss, (The Doss Firm, LLC), Marietta, Jason Kellogg, (Levine Kellogg Lehman Schnider + Grossman LLP), Miami, for appellee.
    Case Number: A21A1387

    Court affirms denial of motion to dismiss claims against health insurer for misrepresentation and breach of contract, noting that the filed-rate doctrine does not apply

  • Phoebe Sumter Medical Center v. Government Employees Insurance Company

    Publication Date: 2022-02-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Travis Hargrove, (The Finley Firm), Columbus, for appellant.
    for defendant: Jason Hammer, Elizabeth Lowrey, (Lueder Larkin & Hunter, LLC), Atlanta, for appellee.
    Case Number: A21A1714

    Court reverses summary judgment in favor of insurer in a matter over whether a medical center had properly perfected a hospital lien

  • Southeast Georgia Health System, Inc. v. Frank W. Berry, In His Capacity As Commissioner, et al.

    Publication Date: 2022-02-16
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs), Atlanta, for appellant.
    for defendant: Christopher Carr, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin LLP), Atlanta, for appellee.
    Case Number: A21A1544

    Court affirms summary judgment order dismissing Health System's petition for mandamus that sought to compel a commissioner to conduct an investigation