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  • 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

  • Barbara Cantrell et al. v. AU Medical Center, Inc. et al.

    Publication Date: 2021-01-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: George Bush, (Attorney at Law), Augusta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellant.
    for defendant: Floyd Taylor, James Painter, Amanda Lynde, (Brennan, Wasden & Painter LLC), Augusta, for appellee.
    Case Number: A20A2101

    Court reverses dismissal of medical negligence complaint after determining that the affidavit attached to the plaintiff's complaint met statutory requirements

  • Anglin et al. v. Smith et al.

    Publication Date: 2021-01-20
    Practice Area: Fee Disputes | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Lawrence Schlachter, (The Schlachter Law Firm, P.C.), Atlanta, Donald Swift, Render Freeman, Jaletta Smith, (Anderson Tate & Carr, PC.), Duluth, for appellant.
    for defendant: Leslie Cline, (Huff Powell & Bailey LLC), Atlanta, for appellee.
    Case Number: A20A1593

    Court affirms attorney fee award for defendant under OCGA §9-11-68 in a medical malpractice case where defendant made a good faith settlement offer that was rejected

  • Nuckles v. The State

    Publication Date: 2021-01-12
    Practice Area: Criminal Law | Health Care Law | Privacy
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Gerard Bradley Kleinrock, (Office of the Public Defender), Decatur, for appellant.
    for defendant: Jason Matthew Rea, Sherry Boston, Deborah D. Wellborn, Jeanne Marie Canavan, Maria Olabosipo Banjo, (Dekalb County District Attorney's Office), Decatur, Robert Wright Smith, Jr., (Prosecuting Attorneys' Council of Georgia), Morrow, Shannon Glover Wallace, (Cherokee County District Attorney's Office), Canton, William D. Johnson, (Prosecuting Attorneys' Council of Georgia), Morrow, for Appellee. Jason Edward Bring, Glenn P. Hendrix, (Arnall Golden Gregory LLP), Atlanta, for Amicus Appellant. Jarome Gautreaux, (Gautreaux Law, LLC), Macon, Caleb Frank Walker, (Katherine L. McArthur, LLC), Macon, Lyle Griffin Warshauer, (Warshauer Law Group, P.C.), Atlanta, for Amicus Appellee.
    Case Number: S20G0492

    Video Recording From Hidden Camera in Care Facility Was Admissible Under Security Exception to Consent Requirement

  • Thornton v. The State

    Publication Date: 2020-12-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jad Baskin Johnson, David James Dunn, Jr., Victor Philip Aloisio, III, (Lookout Mountain Judicial Circuit Public Defender's Office), Lafayette, for appellant.
    for defendant: Megan Sandra Deitz, A.D.A., Christopher Allen Arnt, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee. Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, for Neutral Amicus.
    Case Number: S20G0613

    Game Warden Was Authorized to Limit Sound Emitted by Car Stereo; Evidence at Trial Was Sufficient to Sustain Convictions for Obstruction

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    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Crown Series, LLC et al. v. Holiday Hospitality Franchising, LLC

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Koenig, (Barnes & Thornburg LLP), Atlanta, Abby Vineyard, (Attorney at Law), Atlanta, Marty Schwartz, (Schain, Banks, Kenny & Schwartz, Ltd.), Chicago, for appellant.
    for defendant: Michael Tyler, Kathryn Isted, Joe Reynolds, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee.
    Case Number: A20A1464

    Liquidated Damages Provision of License Agreement Was Enforceable and Demonstrated a Pre-Estimate of Probable Loss

  • Cobb Hospital, Inc. et al. v. Emory Adventist, Inc. et al.

    Publication Date: 2020-12-14
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: J. Maines, Matthew Friedlander, Grant Schnell, (Holland & Knight LLP), Atlanta, Ryan Burke, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee.
    Case Number: A20A1000

    Challenge to a hospital acquisition failed because the entity being acquired was not operating and, therefore, the Hospital Acquisition Act did not apply.

  • Cobb Hospital, Inc. d/b/a Wellstar Cobb Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2020-12-03
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, David Conley, David Darden, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Daniel Walsh, Monica Sullivan, Cathelynn Tio, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Frank Berry, (Commissioner, Dept. of Community Health), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A18A2009

    On remand from the Supreme Court over due process, the Court again denies a hospital's challenge to a certificate of need determination for a new health facility.

  • Trejo-Valdez v. Associated Agents et al.

    Publication Date: 2020-12-03
    Practice Area: Employment Litigation | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1499

    Res Judicata Did Not Bar Workers' Compensation Claimant's Reneweed Treatment Request Following Designation of New Treating Physician

  • Ob-Gyn Associates, P. A. et al v. Brown et al.

    Publication Date: 2020-12-02
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Heather McGrotty, Paul Weathington, David Hanson, (Weathington Smith), Atlanta, for appellant.
    for defendant: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, Kenneth Leivne, (Kenneth M. Levine & Associates, LLC), Brookline, for appellee. Sarah Adle, (Harris Lowry Manton LLP), Brookhaven, Lyle Warshauer, (Warshauer Law Group, P.C.), Atlanta, Allison Thornton, (Georgia Trial Lawyers Association), Atlanta, for other party. Donald Palmisano, (Medical Association of Georgia), Atlanta, for AM.
    Case Number: A20A1447

    Gross Negligence Standard of Care Applied to Medical Emergency That Arose During Childbirth in Hospital Obstetrical Unit