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  • Aguila v. Kennestone Hospital, Inc.

    Publication Date: 2021-06-02
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William James, (William Dixon James, P.C.), Decatur, Charles Gower, Charles Gower, (Attorney at Law), Columbus, Miranda Brash, Shaun O'Hara, (Charles A. Gower PC), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: Paul Ivey, Robert Martin, Tyler Pritchard, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.
    Case Number: A19A1492

    Court affirms dismissal of complaint for fraud where defendant hospital had a reasonable basis to use its chargemaster rate as a basis for a hospital lien

  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.
    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • Francis v. NR Deed, LLC

    Publication Date: 2021-06-01
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Neville Francis, (Attorney at Law), Atlanta, for appellant.
    for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, John Ramsey, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A0377

    Failure of Property Owner in Quiet Title Action to Appear at Status Conferences Was Willful; Notice of Right to Redeem Was Properly Posted on House

  • Campbell v. The State

    Publication Date: 2021-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Kayci Timmons, (Miller & Key PA), McDonough, for appellant.
    for defendant: Sonya Chachere-Compton, Elizabeth Racine, Ryan Leonard, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A21A0376

    In Trial Convicting Defendant of Home Invasion, Aggravated Assault, and Possession of a Firearm, Court Properly Admitted Other-Acts Evidence, Properly Declined to Instruct Jury on Lesser-Included Offenses

  • Williams v. The State

    Publication Date: 2021-05-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Jones, (Jones Appellate Law Practice, P.C.), Athens, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A21A0381

    Court affirms armed robbery and other convictions over defendant's contentions of per se prejudice allegedly resulting from an extended delay in his appeal rights

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  • Giller et al. v. Slosberg

    Publication Date: 2021-05-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Leah Sears, Sasha Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Janet Litt, (Janet Litt, LLC), Atlanta, Kevin O'Sullivan, (Cohen Pollock Merlin & Small P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    Court reverses trial court judgment and imposition of a constructive trust in a challenge to an estate distribution matter involving undue influence by trust beneficiaries

  • Collins v. The State

    Publication Date: 2021-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski, Deborah Gonzalez, Kenneth Mauldin, (Office of the District Attorney Western Judicial Circuit), Athens, Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellee.
    Case Number: A21A0084

    Court affirms convictions for serious injury by vehicle and other crimes over defendant's contentions of trial court error and ineffective assistance of counsel

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Giller et al. v. Slosberg

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Leah Sears, Sasha Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Janet Litt, (Janet Litt, LLC), Atlanta, Kevin O'Sullivan, (Cohen Pollock Merlin & Small P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    Court reverses trial court judgment and imposition of a constructive trust in a challenge to an estate distribution matter involving undue influence by trust beneficiaries

  • Dobbs v. The State

    Publication Date: 2021-05-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Paul Howard, Kevin Armstrong, (Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A0738

    Court remands matter for resentencing with instructions to merge aggravated battery convictions into attempted murder convictions.