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  • Georgia Power Company v. Cazier et al.

    Publication Date: 2018-07-17
    Practice Area: Administrative Law | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: William Middleton Droze, Robert Pursley Edwards Jr., Lindsey Bowen Mann, Roger S. Reigner Jr. (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Roy E. Barnes, John Frank Salter Jr. (The Barnes Law Group LLC), Marietta; James Glenn Richardson (Talley, Richardson & Cable), Dallas, for appellee. Sarah Hawkins Warren, Andrew Alan Pinson (Department of Law), Atlanta, for amicus appellant.
    Case Number: S17G0706

    Petitioners were not required to exhaust any administrative remedy before proceeding with their action against power company.

  • Crittenden et al. v. White

    Publication Date: 2018-07-11
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Annette Cowart (Georgia Department of Law), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Michelle LeGrande (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Adrianne Freeman (Georgia Legal Services Program), Athens, for appellee.
    Case Number: A18A0457

    Legal Permanent Resident Who Entered U.S. in 1996 And Remained Physically Present Not Subject to Waiting Period for Medicaid Eligibilty

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

    Publication Date: 2018-07-09
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden (Parker Hudson Rainer & Dobbs LLP), Atlanta; David Conley, Robert Ingram (Moore Ingram Johnson & Steele LLP), Marietta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Roxana Tatman (Department of Community Health), Atlanta; Daniel Walsh (Department of Law, State of Georgia), Atlanta; Rachel King (Georgia Department of Community Health), Atlanta; Monica Sullivan (Department of Law), Atlanta; Seslee Mattson, Robert Threlkeld, Anthony Cestaro (Morris Manning & Martin LLP), Atlanta; Commissioner Frank Berry, Atlanta; Office of the General Counsel Department of Community Health, Atlanta, for appellee.
    Case Number: A18A0211

    The superior court did not err in affirming the Georgia Department of Community Health's grant of a certificate of need to Piedmont Hospital for the establishment of a radiation therapy service in Cobb County.

  • C&M Enterprises of Georgia, LLC v. Williams

    Publication Date: 2018-07-03
    Practice Area: Administrative Law | Environmental Law | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jeffery Arnold (Attorney at Law), Hinesville; Robert Silliman, George Darden (Dentons US LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Elizabeth Monyak (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A0240

    An administrative law judge did not act arbitrarily or capriciously and did not abuse or exceed its discretion in ruling in favor of Georgia Department of Natural Resources in a dispute over the construction of a bulkhead in an area of marshlands Department determined to be protected and under its jurisdiction.

  • Starwood Hotels & Resorts et al. v. Lopez

    Publication Date: 2018-06-13
    Practice Area: Administrative Law | Labor Law | Personal Injury
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellant.
    for defendant: William Smith (W. Calvin Smith, II, P.C.), Atlanta, for appellee.
    Case Number: A18A0552

    ALJ Erred in Determining That Injured Workers' Compensation Claimant Could Choose Her Own Treating Physician

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Cartersville City Schools et al. v. Johnson

    Publication Date: 2018-05-03
    Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
    for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.
    Case Number: A17A1469

    The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.

  • Amguard Insurance Company v. Kerkela

    Publication Date: 2018-04-23
    Practice Area: Administrative Law | Civil Procedure | Labor Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
    for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A17A1498

    Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board

  • Davis et al. v. Louisiana-Pacific Corp.

    Publication Date: 2018-04-03
    Practice Area: Administrative Law | Labor Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Robert Buck, Juliana Sleeper (Buck Law Firm), Atlanta, for appellant.
    for defendant: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellee.
    Case Number: A17A1726

    Workers' Compensation Board Lacked Jurisdiction Over Work-Related Injuries Resulting From Out-Of-State Asbestos Exposure

  • Hall County Board Of Tax Assessors v. Westrec Properties, Inc.

    Publication Date: 2018-02-22
    Practice Area: Administrative Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joseph A. Homans, Catherine T. Crawford (Fox, Chandler, Homans, Hicks & McKinnon), Dawsonville, for appellant.
    for defendant: Jeremy Ethan Underwood, Lauren Clipp Giles (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: S17A1421

    The trial court properly granted summary judgment to the taxpayers in their suit against a county board of tax assessors because the plain language of the O.C.G.A. § 48-5-311, as amended, required the board to schedule and notice a settlement conference with the taxpayer within 45 days of receipt of the taxpayers' notice of appeal and provided that the appeal terminated in the event the board elected not to do so, which it did.

  • The Law Offices Of Jorge Luis Flores, LLC v. Cruz & Associates

    Publication Date: 2018-02-16
    Practice Area: Administrative Law | Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
    for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.
    Case Number: A17A1983

    The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.