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Publication Date: 2003-12-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Kevin P. Bradley Shaffer, Raymond & Dalton, Macon, for appellant.
for defendant: Angela Woodall, Jeffrey A. Turner Turner & Woodall, Dallas, and Verna L. Smith, Dublin, for appellees.
Case Number: A03A1084
The father failed to provide for the care and support of the child for a period in excess of one year prior to filing of the plaintiffs' adoption pet
Publication Date: 2003-12-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Henry D. Green Jr. and Lawrence J. LoRusso Browning & Tanksley, Marietta, for appellant.
for defendant: Douglas V. Chandler and Frank J. Beltran Beltran & Assocs., Atlanta, for appellee.
Case Number: A03A0907
Because the plaintiff hospital brought suit in Gwinnett County to recover amounts due for medical expenses, it consented to that court resolving the defendant's counterclaim based on its release of
Publication Date: 2003-12-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Michael A. Fennessy Fennessy & Nettum, Americus, and Angela T. Burnette Alston & Bird, Atlanta, for appellant.
for defendant: Howard S. McKelvey Jr. and J. Michael Greene, Americus, for appellee.
Case Number: A03A1535
Plaintiff's claim for tortuous interference with business relations was based solely on the non-probative hearsay statements of the defendant doctors that the defendant hospital exerted economic pre
Publication Date: 2003-09-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: William P. Eiselstein Miller & Martin, Edward R. Still Ballard & Still LLP, Atlanta, and Jeffrey Zager Miller & Martin LLP, Nashville, Tenn., for appellant.
for defendant: . William F. Jourdain, John R. McCown, Jonathan Bledsoe Minor, Bell & Neal PC, Dalton, for appellee. Other Party Representation: H. Andrew Owen Jr., Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Thomas E. Magill, Atlanta, and Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton.
Case Number: A03A1933
The physician who issued a DOT Medical Examiner's Certificate certifying that his patient was physically fit to operate a commercial vehicle owed no duty of care to the decedent when the patient die
Publication Date: 2003-09-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Clyde L. Reese, Deputy Attorneys General, Harold D. Melton, Senior Assistant Attorney General, Isaac Byrd, Sidney R. Barrett Jr., Assistant Attorneys General, and James D. Coots, Atlanta, for Georgia Dep't of Community Health. Jeffrey C. Baxter, Stanley S. Jones Jr. and Jennifer D. Malinovsky Nelson, Mullins, Riley & Scarborough, Atlanta, for EHCA LLC. Randall L. Hughes, Adrienne E. Marting, Charlotte A. Combre And John S. Rees Powell, Goldstein, Frazer & Murphy, Atlanta, for Gwinnett Hosp. Sys. Alexander S. Clay Kilpatrick & Cody, John W. Ray, Dawnmarie Rodziewicz and James M. Sherman Ray & Sherman, Atlanta, for Saint Joseph's Hosp. Other Party Representation: Kathy K. Dorough Dorough & Dorough LLC, Decatur.
for defendant:
Case Number: A03A1214; A03A1215; A03A1216; A03A1217
The provisions of O.C.G.A. § 31-6-2 14, including the 12-month service rule, establish when an institution must apply for a hospital certificate of need, not whether an application is for a "new" or
Law Journal Press | Digital Book
Authors: Robert G. Vaughn
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Publication Date: 2003-08-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird and Jonathan T. McCants Bird & Assocs., Atlanta, for appellant.
for defendant: . Richard B. North Jr., Matthew B. Lerner Nelson, Mullins, Riley & Scarborough, Atlanta, and Leslie J. Bobo Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for appellee.
Case Number: A03A0661
Once a prima facie case for design defect is established, a pharmaceutical manufacturer will be relieved from strict liability only when it demonstrates that 1 the product is properly manufactured a
Publication Date: 2003-08-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: S. Wade Malone Andre & Blaustein LLP, Atlanta, and Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellant.
for defendant: . Richard A. Childs, Columbus, for appellee.
Case Number: A03A0813
The trial court should have applied the lesser degree of scrutiny applicable to covenants, which are ancillary to the sale of a business in reviewing a non-compete agreement, which the plaintiff si
Publication Date: 2003-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: William C. Thompson and Steven D. Caley Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
for defendant: Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellee.
Case Number: A03A0024
The jury's $5-million award to the plaintiff in his FELA suit was excessive and punitive in nature where plaintiff was 50 percent negligent, claimed only $3.14 million in damages, was capable of cle
Publication Date: 2003-07-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Robert C. Brand Jr. Page, Scrantom, Sprouse, Tucker & Ford, Columbus, and S. Wade Malone Andre, Blausten & Green LLP, Atlanta, for appellant.
for defendant: . Richard A. Childs, Columbus, for appellee.
Case Number: A03A0813
The trial court should have applied the lesser degree of scrutiny applicable to covenants, which are ancillary to the sale of a business in reviewing a non-compete agreement, which the plaintiff si
Publication Date: 2003-07-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys: For plaintiff: Richard P. Decker, William W. Briggs and Stacy E. Hyken Decker, Hallman, Barber & Briggs PC, Atlanta, for appellant.
for defendant: . Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
Case Number: A03A0780
Some evidence supported the plaintiff's claim that the defendant's nursing staff breached the applicable standard of car in the manner in which they administered IV therapy following plaintiff's cer
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