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  • Wellstar Health Systems, Inc. et al. v. Alfaro

    Publication Date: 2021-08-13
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, David Cohen, (Complex Law Group, LLC), Marietta, J. Cauthorn, (Attorney at Law), Marietta, for Appellee.
    Case Number: A21A0127

    Court vacates denial of hospital's motion to dismiss patient's claims where patient alleged that hospital lien was improperly based on chargemaster rates

  • Stephanie Orr et al. v. SSC Atlanta Operating Company d/b/a Northeast Atlanta Health and Rehabilitation Center

    Publication Date: 2021-08-12
    Practice Area: Expert Witnesses | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Lyle Warshauer, Michael Perez, (Warshauer Law Group, P.C.), Atlanta, for Appellant.
    for defendant: Craig Brookes, (Attorney at Law), Atlanta, Karen Smiley, Karen Smiley, (Hanks Brookes LLC), Atlanta, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, Registered Agent Operating, LLC The Corporation Company, Cumming, for Appellee; Caleb Walker, (Katherine L. McArthur, LLC), Macon, for AM.
    Case Number: A21A0578

    Proffered Medical Malpractice Experts Lacked Knowledge and Experience in Relevant Practice Area

  • Mekoya v. Clancy et al.

    Publication Date: 2021-08-12
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Sandra Foster, James Painter, Travis Windsor, (Brennan, Wasden, and Painter, LLC), Savannah, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor, LLC), Aiken, for appellee; Joseph Huff, Laurel Landon, (Kilpatrick Townsend & Stockton LLP), Augusta, for other party.
    Case Number: A21A0076

    Experts' Testimony Present an Issue of Fact as to Whether Medical Complications Could Have Been Avoided if Doctor Had Properly Diagnosed Condition

  • Redmond Park Hospital LLC d/b/a Redmond Regional Medical Center v. Floyd Health Care Management Inc. d/b/a Floyd Medical Center et al.

    Publication Date: 2021-08-11
    Practice Area: Civil Appeals | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), ROME, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta; Christopher Carr, Margaret Eckrote, Robin Cohen, Dale Cecka, (Assistant Attorney General, State of Georgia), Atlanta, Daniel Walsh, Frank Berry, Office General Counsel, (Department of Community Health) Atlanta, for appellee.
    Case Number: A21A0086

    Hospital's Initial Failure to File Timely Intervention Requests Precluded Later Requests to Intervene in Competitors' Appeals

  • Tarver et al. v. Sigouin et al.

    Publication Date: 2021-08-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Steel, (Steel and Moss, LLP), Atlanta, Zev Gershon, John MacLellan, (Gershon, Willoughby & Getz, LLC), Baltimore, for appellant.
    for defendant: Michael Bailey, Sharonda Boyce, David Mackenzie, (Huff Powell & Bailey LLC), Atlanta, for appellee; Crystal Filiberto, Jonathan Peters, (Peters & Monyak, LLP), Atlanta.
    Case Number: A21A0476

    Court reverses summary judgment order that favored physicians because of open issues of material fact as to whether the applicable standard of care had been breached

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Starks et al. v. Carver et al.

    Publication Date: 2021-08-09
    Practice Area: Business Torts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ned Blumenthal, Seth Weissman, (Weissman, Nowack, Curry & Wilco, P.C.), Atlanta, for appellant.
    for defendant: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for other party,
    Case Number: A21A0572

    Court reverses denial of summary judgment in a negligence action against a real estate broker because claimant was a customer, not a client, and was owed a lower duty

  • PTI Royston, LLC v. Eubanks et al.

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A21A0182

    Georgia's general tort statute of repose bars strict liability claims brought under the Asbestos Claims Act, but defendant may be barred from that defense due to claims of fraud

  • Foreman v. The State

    Publication Date: 2021-08-04
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Amy Ihrig, Savannah, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Margaret Heap, (District Attorney), Savannah, Nancy Smith, (Assistant District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A0554

    Competency Statute Grants Trial Court Jurisdiction to Rehear and Reconsider Whether Defendant Met Criteria for Civil Commitment

  • Healthcare Staffing, Inc. v. Edwards, et al.

    Publication Date: 2021-07-28
    Practice Area: Contracts | Employment Litigation | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Steven Scheer, Craig Call, (Scheer & Montgomery, P.C.), Savannah, Derek White, (The White Group), Pooler, for appellee.
    Case Number: A21A0345

    Borrowed Servant Doctrine Does Not Shield Healthcare Staffing Agency From Vicarious Liability for the Actions of Its Employees

  • Woodrum, et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2021-07-28
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: R. Sims, (R. Stephen SIms, P.C.), Springfield, for appellant.
    for defendant: Lee Gillis, Duke Groover, (James Bates Brannan Groover), Macon, for Appellee
    Case Number: A21A0320

    Issues of Fact Exist as to Whether Damages House's Diminution in Value Was Properly Assessed by Insurer During Appraisal Process