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  • 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

  • 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

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • 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

  • West et al. v. Bowser et al.

    Publication Date: 2021-07-27
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court reverses order compelling arbitration in a wrongful death matter because decedent's guardian did not have authority to sign a pre-dispute arbitration agreement.

  • Connie v. Garnett

    Publication Date: 2021-07-23
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Edwin Wilson, (Frails & Wilson), Augusta, Randolph Frails, (Attorney at Law), Augusta, for appellant.
    for defendant: Jeffrey Braintwain, (Huff, Powell & Bailey, LLC), Atlanta, David Mize, (Attorney at Law), Columbus, for appellee.
    Case Number: A21A0413

    Supervising Physician in Medical Malpractice Action Is Not Entitled to Summary Judgment on Issue of Causation

  • Evans et al. v. The Medical Center of Central Georgia

    Publication Date: 2021-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Tracey Dellacona, (Dellacona Law Firm), Macon, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, Roger Krause, (Krause, Golomb & Witcher, LLC), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A0256

    Court reverses summary judgment grant for a hospital and a nurse in a medical malpractice action due to open fact issue as to a breach of the applicable standard of care