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Publication Date: 2007-10-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Henry D. Green Jr. Green, Johnson & Landers LLP, Atlanta, for Austin and others. Don C. Keenan, Charles H. Allen and Allan L. Galbraith The Keenan Law Firm, Atlanta, for Moreland and others. Other party representation: Tracy M. Field and Robert T. Strang III Arnall, Golden & Gregory LLP, Atlanta.
for defendant:
Case Number: A07A1206; A07A1207
The trial court erred in finding that HIPAA precluded any ex parte communications with the prior treating physicians, regardless of whether such communications included the disclosure of protected h
Publication Date: 2007-10-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: William P. Smith III, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. John M. B. Lewis IV, Augusta. Gregory L. Fullerton, Chairperson Review Panel, Albany. Richard M. McNeely, Swainsboro.
for defendant:
Case Number: S07Y1662
An attorney, who was already on suspension as a special condition of his first-offender guilty plea to cocaine possession, was suspended for a minimum additional 24 m
Publication Date: 2007-09-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Robert P. Monyak Peters & Monyak and Benson E. Pope, Atlanta, for appellant.
for defendant: . W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellees.
Case Number: A07A1093
The plaintiffs were entitled to pursue a simple negligence claims against the defendants without filing an expert affi
Publication Date: 2007-08-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Steven D. Simon, Atlanta, proceeded pro se. Linda K. DiSantis, City Attorney, and Sean L. Gill Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
for defendant:
Case Number: A07A0853
The city could not show prejudice from plaintiff's omission of an allegation in his complaint alleging compliance with the ante notice requirement, because the plaintiff provided adequate ant
Publication Date: 2007-08-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: James E. Looper Jr., Elizabeth N. Neff, Jason D. Dergenroether and W. Scott Henwood Hall, Booth, Smith & Slover PC, for appellant.
for defendant: . James W. Howard The Howard Law Firm, Tucker, for appellees.
Case Number: A07A0035
O.C.G.A. § 9-3-71 b's applicable 5-year statute of repose did not bar the plaintiff's wr death claim, since her claim did not initiate legal proceedings against the defendants; she filed her w
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Publication Date: 2007-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Kennon Peebles Jr., Duluth, for appellant.
for defendant: Milton B. Satcher III Jennings, Sparwath & Satcher, Marietta, for appellee.
Case Number: A07A0772
Letters a psychiatrist sent to her patient's treating physicians did not constitute medical malpractice, since plaintiff failed to establish that the psychiatrist's actions proximately caused any i
Publication Date: 2007-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen L. Stincer and Tracie G. Smith Brennan & Wasden LLP, Savannah, for appellant.
for defendant: M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellee.
Case Number: A07A1503
The trial court erred in denying the defendant's motion to dismiss the plaintiff's claims to the extent that she alleged that the defendant was vicariously liable for the professional negligence of
Publication Date: 2007-07-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: John H. Williamson and Simon R. Malko Morris, Manning & Martin LLP, Atlanta, for appellant.
for defendant: . H. Lamar Mixson Bondurant, Mixson & Elmore, Edwin J. Schklar Schklar, Wright & Henderson LLC, Henry D. Fellows Jr. Fellows, Johnson & LaBriola LLP, Dorothy Y. Kirkley Kirkley & Payne, Harold T. Daniel Jr. Holland & Knight, and John G. Parker Paul, Hastings, Janofsky & Walker, Atlanta, for appellees.
Case Number: A07A0415
The trial court d err in dismissing the plaintiffs' suit against the defendants for fraud and RICO violations without prejudice, since its ruling to exclude the plaintiff's expert's testimony
Publication Date: 2007-07-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: David C. Marshall Hawkins & Parnell, for appellant.
for defendant: . Jason L. Nohr Cauthorn & Nohr PC, Marietta, for appellee.
Case Number: A07A0572
No evidence showed that the decedent's husband, who signed an arbitration agreement relating to his s care at the defendant's nursing home, acted with actual or apparent authority in waiving hi
Publication Date: 2007-07-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: W. Winston Briggs Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
for defendant: Jane C. Taylor and Susan V. Sommers Goldner, Sommers, Scrudder & Bass, Atlanta, for appellee. Other party representation: Theodore E. Pound Mayfield, Commander & Pound, Atlanta.
Case Number: A07A0040
A factual question remained as to whether the alleged negligence of the hospital's nurses proximately caused the plaintiff's inj
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