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  • In the Interest of B. B.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Joseph Mulholland, (District Attorney), Bainbridge, Robert Richardson, (Public Defenders Standards Council), Bainbridge, for appellant.
    for defendant: Ernie Sheffield, (Private Attorney), Colquitt, for appellee.
    Case Number: A21A0480

    State May File Direct Appeal From Juvenile Court Order Denying Its Motion to Transfer to Superior Court

  • The Medical Center, Inc. v. Bowden

    Publication Date: 2021-06-29
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellant.
    for defendant: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for Amicus Appellant.
    Case Number: A18A1249

    Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

  • Erickson v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Justin O'Dell, Nicholas Booth, (O'Dell & O'Neal, P.C.), Marietta, for appellant.
    for defendant: Randall Farmer, (Attorney at Law), Marietta, Brandon Moulard, (Nelson Mullins Riley & Scarborough LLP), Atlanta, Arnold Lizana, (Attorney Arnold J. Lizana III), Atlanta, for appellee.
    Case Number: A21A0023

    Court affirms summary judgment in a negligence case on the basis of causation and further states that school employees had official immunity from a lawsuit

  • Dashtpeyma v. Walker et al.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Hassan Dashtpeyma, Marietta, for appellant.
    for defendant: Dana Maine, (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A21A0631

    Res Judicata Precluded New Action Based on Same Facts and Relating to Same Parties Involved in Earlier, Resolved Action

  • Centennial Village, LLC v. Fulton County School District, et al.

    Publication Date: 2021-06-28
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Richard Mitchell, (Arnall Golden Gregory LLP), Atlanta, Terrell Ogletree, (Attorney at Law), Decatur, for appellant.
    for defendant: Brandon Moulard, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellee.
    Case Number: A21A0041

    Court affirms dismissal of property owner's complaint for repair costs against Fulton County on grounds of sovereign immunity

  • Law Journal Press | Digital Book

    Copyright and The Public Domain

    Authors: Stephen Fishman

    View this Book

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  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

  • Shaha v. Gentry et al.

    Publication Date: 2021-06-28
    Practice Area: Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Kenneth Rajotte, (Attorney at Law), Atlanta, for appellant.
    for defendant: James Haug, Colin Barron, (Haug Law Group, LLC), Atlanta, for appellee.
    Case Number: A21A0621

    Plaintiffs' Claim for Attorneys' Fees Was Supported With Adequate Specification, and Such Fees Were Reasonable

  • Reynaud v. Five Oaks Development, Inc.

    Publication Date: 2021-06-28
    Practice Area: Bankruptcy
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Larry Oldham, (Larry C. Oldham, P.C.), Cumming, for appellant.
    for defendant: Carol Clark, (Carol Clark Law), Atlanta, for appellee.
    Case Number: A21A0321

    Court Must Use Two-Part Test to Find Whether Judicial Estoppel Applies to Claims Based on Alleged Inconsistent Representations Made in Prior Bankruptcy Proceeding

  • Cornerstone Ministries & Christian School, Inc. v. Pitney Bowes Global Financial Services, LLC

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure | Contracts
    Industry: Electronics
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Richard Braun, Darien, James Smith, (Attorney at Law, LLC), Townsend, for appellant.
    for defendant: John Lucas, (Attorney at Law), Atlanta, Marion Stokes, (Stokes Carmichael & Ernst, LLP), Atlanta, for appellee.
    Case Number: A21A0430

    Court reverses summary judgment award in favor of equipment lessor because lessee's evidence showed a triable issue of material fact

  • Spence v. Department of Behavioral Health and Developmental Disabilities

    Publication Date: 2021-06-22
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jermaine Spence, Atlanta, for appellant.
    for defendant: Benjamin Wallace, (Brown & Adams, LLC), Columbus, Emily Harris, (Department of Law), Atlanta, Elizabeth Correnti, (C/O Ms. Curtis Carter, West Cen. GA. Reg Hospital), Columbus, for appellee.
    Case Number: A21A0588

    Court affirms dismissal of inpatient's appeals of involuntary hospitalization orders, finding that superior court had no jurisdiction to hear the appeals