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  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    Publication Date: 2017-12-01
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brandon Cathey (Swope Rodante PA.), Tampa, for appellant.
    for defendant: John Berry, Robin Johnson, James Evans (Dentons US LLP), Atlanta, for appellee.
    Case Number: A17A0735

    The trial court erred in granting insurer's motion for summary judgment and but properly denied insured's motion for summary judgment in his suit alleging that insurer failed to settle an insurance claim, because genuine issues of material fact remained.

  • Norton et al. v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Dispute Resolution | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Tyler Arnold (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A15A2268

    An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.

  • Oconee Investment Group, LLC v. Turk

    Publication Date: 2017-11-30
    Practice Area: Contracts | Real Estate
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1193

    Defendant was not entitled to summary judgment in real estate agent's suit for breach of contract, fraud, quantum meruit, and unjust enrichment in connection with referral services she provided in a real estate transaction, as O.C.G.A. § 43-40-24 subsection (a) did not bar the real estate agent from bringing her action although she did not possess a valid Georgia real estate brokerage license because her activities fell within an exception to the statutes prohibition.

  • Roberts et al. v. Quick Rx Drugs, Inc.

    Publication Date: 2017-11-30
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0736

    The trial court properly granted partial summary judgment to pharmacy in plaintiffs' suit for professional negligence/malpractice and punitive damages after the pharmacy gave the plaintiff the wrong medication, allegedly resulting in a fall.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.