• Aguila v. Kennestone Hospital, Inc.

    Publication Date: 2021-06-02
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William James, (William Dixon James, P.C.), Decatur, Charles Gower, Charles Gower, (Attorney at Law), Columbus, Miranda Brash, Shaun O'Hara, (Charles A. Gower PC), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: Paul Ivey, Robert Martin, Tyler Pritchard, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.

    Case Number: A19A1492

    Court affirms dismissal of complaint for fraud where defendant hospital had a reasonable basis to use its chargemaster rate as a basis for a hospital lien

  • Booth v. The State

    Publication Date: 2021-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Erin Victoria Dekle, (Piedmont Judicial Circuit Public Defender's Office), Jefferson, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, James Bradley Smith, Gregory Lee Wagner, Erica Patrick Shepley, (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee.

    Case Number: S21A0010

    Court affirms convictions for felony murder and neglect of an elderly person over defendant's claims that verdicts were mutually exclusive

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.

    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion

  • Daniel v. Daniel

    Publication Date: 2021-04-14
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key PA), McDonough, for appellant.
    for defendant: Adam Nagel, (Pasley Nuce Mallory & Davis, LLC), Barnesville, Travis Daniel, Forsyth, for appellee.

    Case Number: A20A1938

    Trial Court in Divorce Action Lacked Authority to Order Husband to Reimburse Wife for Expenditures Paid on Behalf of Children and for Marital Home Prior to Consent Temporary Order

  • Copeland v. Home Grown Music, Inc.

    Publication Date: 2021-04-07
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Braden Copeland, Macon, for appellant.
    for defendant: Foy Devine, Diane LaRoss, (Taylor English Duma LLP), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee.

    Case Number: A20A1721

    Court affirms summary judgment on investor's breach of contract claims as to payment of royalties, and reverses award of costs for defendant

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  • Thomas et al. v. Alligood et al.

    Publication Date: 2021-04-05
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laura Shamp, Joshua Silk, (Shamp Speed Jordan Woodward), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Sandra Foster, Wiley Wasden, Travis Windsor, (Brennan, Wasden, and Painter, LLC), Savannah, Charles Wainright, (Watson Spence LLP), Albany, for appellee.

    Case Number: A20A1950

    Plaintiff Not Harmed By Trial Court's Failure To Give Requested Pattern Instruction On Hospital's Duty of Care

  • Grand Canyon Education, Inc. v. Ward

    Publication Date: 2021-03-18
    Practice Area: Class Actions | Dispute Resolution | Education Law
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Derin Dickerson, Kristen Bromberek, (Alston & Bird LLP), Atlanta, for appellee.
    for defendant: G. Lemond, Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for other party.

    Case Number: A20A1894

    Federal Regulations Prohibited Enforcement of Arbitration Clause in Online College's Enrollment Agreement

  • Thurman v. TCFPA Family Medical Centers, P. C. et al.

    Publication Date: 2021-03-16
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Brian Wright, (The Cowan Law Firm, LLC), Dalton, for appellant.
    for defendant: Cara Weiner, Cynthia Hall, (Spears, Moore, Rebman & Williams PC), Chattanooga, for appellee.

    Case Number: A20A1831

    Medical Patient Who Fell From Examination Table Offered No Evidence to Support Ordinary Negligence Claim Against Clinic

  • Tiffany and Tomato Inc. v. Wells and Mcelwee P.C.

    Publication Date: 2021-02-26
    Practice Area: Attorney Compensation | Contractual Disputes | Landlord Tenant Law
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Gary Gerrard, (Gary Gerrard, P.A.), Lexington, Decatur, for appellant.
    for defendant: Steven Gilliam, Roger Hatcher, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Keith Whitaker, (Attorney at Law), Gainesville, for appellee.

    Case Number: A20A2042

    Landlord Seeking Attorney Fees Not Required to Provide Notice After Obtaining Verdict for Tenant's Failure to Repair Roof

  • Joyner et al. v. Leaphart et al.

    Publication Date: 2021-02-17
    Practice Area: Civil Appeals | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Eugene Butt, James Potts, (James Hugh Potts II, LLC), Atlanta, for appellant.
    for defendant: Andrew Wilkesm, Irving Drought, (Oliver Maner LLP), Savannah, for appellee. Christopher Phillips, (Hunter, Maclean, Exley & Dunn, P.C.), Savannah, for other party.

    Case Number: A20A2097

    Court affirms dismissal of a wrongful death and malpractice complaint on the basis of the two-dismissal rule