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  • Wilson et al. v. Inthachak et al.

    Publication Date: 2024-01-12
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Ranse Murphy Partin, William Kent Owens, Jr., James Thomas Cox, (Conley Griggs Partin LLP), Atlanta, James D. Hudson, (James D. Hudson, P.C.), Douglas, for appellant.
    for defendant: William Richard Dekle, Sr., Sandra E. Vinueza Foster, Wiley A. Wasden, III, (Brennan & Wasden LLP), Savannah, for appellee; Jarome Gautreaux, (Gautreaux Law, LLC), Macon, for Amicus Appellant; Gregory Gaines Sewell, (Bouhan Falligant, LLP), Savannah, Pamela Newsom Lee, (Swift, Currie, McGhee & Hiers LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & GARY, LLP), Atlanta, Patrick N. Silloway, (Balch & Bingham, LLP), Atlanta, Philip C. Thompson, (Duane Morris LLP), Atlanta, for Amicus Appellee.
    Case Number: S23A1095

    Court returns case to appellate court, which was divided equally on the application of a particular issue, due to lack of equal division jurisdiction

  • Gates v. The State

    Publication Date: 2024-01-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Eric Foster Kramer, (Kramer & Pine), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Clint Christopher Malcolm, Christopher M. Carr, (Department of Law), Atlanta, Stuart H. Hunter Patray, Daphne Jarriel Totten, Keith A. McIntyre, (Ogeechee Judicial Circuit District Attorney’s Office), Statesboro, for appellee.
    Case Number: S23A1158

    Court reverses denial of defendant's motion to suppress evidence of his medical records that were seized pursuant to an ex parte court order, stating that the seizure was a privacy violation

  • Fuller Life Chiropractic Center, P.C. et al. v. Threadgill et al.

    Publication Date: 2023-12-27
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Heather Ware, Courtney Walker, (Hall Booth Smith, PC), Atlanta, Claire Sumner, (Lueder, Larkin & Hunter, LLC), Atlanta, Jason Deere, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, for appellant.
    for defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.
    Case Number: A23A1225

    Court reverses denial of a motion to dismiss a chiropractic malpractice action, concluding that the action is subject to the five-year medical malpractice statute of repose

  • Athens Heart Center, P.C. et al. v. Molina et al.

    Publication Date: 2023-12-21
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Terrell Benton, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, for appellee.
    Case Number: A23A1626

    Court dismisses an appeal of a multi-million dollar supersedeas bond order because it lacked jurisdiction over the order, which was not a final order in a medical malpractice case

  • In the Matter of Tamorra A. Boyd.

    Publication Date: 2023-12-12
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, III, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Ecleynne Mercy, (The Foster Firm), Atlanta, for appellee.; LaVonda Rochelle DeWitt, Atlanta, for Other Party
    Case Number: S22Y0940

    ourt accepts attorney's petition for public reprimand in response to disciplinary matter over her violations of Practice Rules 1.4, 1.5(b), and 7.1

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  • Carole Maso et al. v. Brian Zeh et al.

    Publication Date: 2023-12-11
    Practice Area: Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Michael Brian Terry, Jane D. Vincent, (Bondurant Mixson & Elmore, LLP), Atlanta, Andrew Bentley Cash, David Najeeb Krugler, Wendy Goodwin Huray, Laura Lynne Voght, (Cash, Krugler & Fredericks, LLC), Atlanta, for appellant.
    for defendant: Randolph Page Powell, Jr., Alexander Collins Vey, (Huff, Powell & Bailey, LLC), Atlanta, Laura M. Shamp, Joshua Forrest Silk, (Shamp Silk), Atlanta, Rosser Adams Malone, (Malone Law Office), Atlanta, for appellee.
    Case Number: S23C0765

    Physician Assistant Act Does Not Create Vicarious Liability for Supervising Physicians For Medical Acts of Their Physician Assistants

  • Docs of Ct, LLC v. Biotek Services, LLC

    Publication Date: 2023-12-11
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Erika Birg, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: Bryan Brunson, (Brunson Law LLC), Atlanta, for appellee.
    Case Number: A23A0974

    Court affirms arbitration award despite irregularities in arbitration process that involved ex parte communications between one party and the arbitrator and failure to maintain a proper record

  • Pennington et al. v. Bridge Senior Living, LLC et al.

    Publication Date: 2023-12-05
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Gewirtz, Eric Hertz, (Eric J Hertz, PC), Atlanta, for appellant.
    for defendant: Parks Stone, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.
    Case Number: A23A0883

    Court affirms summary judgment in a premises liability case involving a fatal fall at an assisted living facility, finding that injured party had equal knowledge and should have been aware of a hazard

  • Morgan County Hospital Authority v. City of Madison

    Publication Date: 2023-11-27
    Practice Area: Government | Health Care Law | Real Estate
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
    for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
    Case Number: A23A0795

    Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location

  • Bonner v. The State

    Publication Date: 2023-11-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: David White, (District Attorney), Atlanta, Michael Coveney, (District Attorney’s Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A23A0970

    Court affirms convictions for attempted murder and neglect of an elder person over defendant's contentions of insufficient evidence and ineffective assistance of counsel