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  • Arbor Management Services, LLC v. Hendrix et al.

    Publication Date: 2022-07-19
    Practice Area: Personal Injury | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Graham, Erin Coia, (Hall Booth Smith, PC), Atlanta, Teresa Tomlinson, (Hall Booth Smith, PC), Columbus, for appellant.
    for defendant: William Atkins, Roderick Edmond, Keith Lindsay, (Edmond, Lindsay & Hoffler. LLP), Atlanta, for appellee; Bryan Lutz, (Alston & Bird, LLP), Atlanta, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, for AM.
    Case Number: A22A0068

    Court reverses denial of motion to dismiss a complaint for negligence over a COVID-related death because plaintiff's conduct did not rise to a level of gross negligence

  • Progressive Mountain Insurance Company v. Butler

    Publication Date: 2022-07-19
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Kevin Shires, (Shires, Peake & Gottlieb, LLC), Alpharetta, for appellant.
    for defendant: Caleb Avraham, (The Law Offices of Caleb Avraham LLC), Atlanta, for appellee.
    Case Number: A22A0322

    Court reverses denial of a motion to enforce a settlement agreement in a car accident personal injury case, finding that the parties had reached an enforceable agreement

  • Taylor v. The State

    Publication Date: 2022-07-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Cody Jung, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Elizabeth Rosenwasser, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A22A0546

    Court affirms child molestation conviction over defendant's challenge to admission of psychotherapist's testimony, claims on ineffective assistance, and general challenge

  • Hart v. Phung et al.

    Publication Date: 2022-07-15
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alexander Hait, (Hait Law Offices), Woodstock, Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, Kimberly Stevens, (Attorney at Alw), Atlanta, Jeffrey Adams, (Hawkins Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A22A0528

    Court affirms order excluding expert testimony outside of expert's area of expertise in a car accident case, and reverses summary judgment award due to questions of fact

  • Arco Design/Build, LLC v. Savannah Green I Owner, LLC

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Rust, David Sawyer, (Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, for appellee.
    Case Number: A22A0056

    Court affirms order finding that the tolling provisions of the State's 2020 Emergency Judicial Orders did not extend the deadline for filing an affidavit of lien waiver

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    Encyclopedia of New Jersey Causes of Action 2024

    Authors: John J. Bannan

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  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2022-07-14
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A0773

    Arbitration agreement signed by guardian of mentally-impaired adult was not unenforceable due to unconscionability

  • Scott v. Smith-Denton

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Samantha Mandell, Rachel Sullivan, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: Franklin Evans, (Franklin Evans Law Firm), Chestnut Mountain, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, David Dorer, (Dozier Law Firm, LLC), Macon, Jonathan Broderick, Suzette Broderick, (Broderick Law Group), Norcross, for appellee.
    Case Number: A22A0486

    Court reverses award of default judgement where defendant had not been properly served and substitute affidavit of service was not acceptable

  • Xu et al. v. Yonnone et al.

    Publication Date: 2022-07-14
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Downs, (Downs Law, LLC.), Atlanta, for appellant.
    for defendant: Randall Lipshutz, (Lipshutz Greenblatt LLC), Tucker, Steven Luper, (Steven Luper, Esq.), Atlanta, for appellee; Thomas Sippel, (McAngus, Goudelock & Courie, LLC), Atlanta, for other party.
    Case Number: A22A0418

    Court affirms an award for attorney fees in a dispute over a property boundary wall where respondent had refused to participate in arbitration as required by covenants

  • GS Cleantech Corporation et al. v. Cantor Colburn, LLP

    Publication Date: 2022-07-13
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: J. Hord, Ellen Lighthiser, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: John Brumbaugh, Lawrence Slovensky, Brian White, Billie Pritchard, Carson Bennett, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A0387

    Court reverses denial of motion to dismiss law firm's declaratory judgment petition and refers legal malpractice matter to Connecticut arbitration

  • Hicks et al. v. Universal Health Services, Inc. et al.

    Publication Date: 2022-07-13
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Gebhardt, (Smith, Welch, Webb & White, LLC), Stockbridge, Darren Penn, Alexandra Cole, Kevin Ketner, (Penn Law LLC), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Marcella Ducca, Lori Cohen, Michael King, Gerond Lawrence, Precious Johnson, Brandon Cox, (Greenberg Traurig LLP), Atlanta, Margaret McClatchey, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Michael Hostetter, Molly McCall, Jacob Madsen, (Nall & Miller, LLP), Atlanta, Alison Currie, Mikell Reynolds, Christina Essex, (FisherBroyles, LLP), Atlanta, Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, , for appellee.
    Case Number: A22A0204

    Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction