• Doe v. Vest Monroe et al.

    Publication Date: 2024-11-25
    Practice Area: Class Actions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Scott Bonder, Joseph White, (Fried Bonder White, LLC), Atlanta, Roy Kelly, Caitlin Derst, (Kelly & Kelly LLP), Savannah, for appellant.
    for defendant: David Hayes, (Attorney at Law), Atlanta, Kimberly Woodland, Kathleen Broyles, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.

    Case Number: A23A0605

    Court vacates a prior opinion and, on remand, adopts a Georgia Supreme Court opinion affirming trial court's denial of class certification in a breach of contract and negligence case

  • In the Matter of John Weimann Oxendine.

    Publication Date: 2024-11-22
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: S. Lester Tate, III, (Akin & Tate, PC), Cartersville, for appellant.
    for defendant: Wolanda R. Shelton, Paula J. Frederick, Andreea N. Morrison, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellee; Adam Marshall Hames, (The Hames Law Firm, LLC), Atlanta, for other party.

    Case Number: S25Y0045

    Court accepts attorney's petition for voluntary surrender of his law license following his felony conviction for conspiracy to commit health care fraud, effectively disbarring him

  • Mohar v. Leguizamo et al.

    Publication Date: 2024-11-20
    Practice Area: Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ralph Villani, Lawrenceville, for appellant.
    for defendant: Jacob Raehn, Sandra Cianflone, (MMPO Defense), Atlanta, for appellee; Lance Gowens, (The Gowens Law Firm, LLC), Cumming, for other party.

    Case Number: A24A1135

    Court affirms dismissal of medical malpractice lawsuit due to statute of limitation, which began when plaintiff first manifested symptoms, and rejects plaintiff's continuous treatment argument

  • Health Services of Central Georgia, Inc. et al. v. Wanna

    Publication Date: 2024-11-18
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Robert Brennan, (Attorney at Law), Atlanta, Jared Miller, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Julia Magda, (Magda Law, LLC), Macon, for appellant.
    for defendant: Anthony Cochran, Sarah Gordon, (Smith, Gambrell & Russell, LLP), Atlanta, Franklin Gaddy, (Martin Snow LLP), Macon, for appellee.

    Case Number: A24A0909

    Court affirms mixed rulings in a contract and employment dispute between a physician and his employer, and remands attorney fees determination

  • Williams v. Regency Hospital Company, LLC et al.

    Publication Date: 2024-11-07
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Hill, (Mayo Hill), Macon, for appellant.
    for defendant: David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, for appellee.

    Case Number: A24A1035

    Court of Appeals affirms dismissal of medical malpractice claim, affirming constitutionality of statute limiting tolling for mentally incompetent plaintiffs

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  • Hasan Al-Bari et al. v. Craig Pigg et al.

    Publication Date: 2024-10-25
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Bryan Paul Tyson, (The Election Law Group/Taylor English Duma LLP), Atlanta, Bryan Francis Jacoutot, (Taylor English Duma LLP), Atlanta, for appellant.
    for defendant: Elizabeth T. Young, Charlene Swartz McGowan, Bryan Keith Webb, Christopher M. Carr, (Department of Law), Atlanta, Manoj Sam Varghese, Kayla Polonsky, Jane D. Vincent, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellee.

    Case Number: S25A0177

    Court affirms disqualification of electors for independent presidential candidates for failure to file petitions in their own names as required by OCGA § 21-2-132

  • Emory University d/b/a Emory University Hospital Smyrna et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-10-18
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Grace Blood, (Parker, Hudson, Rainer & Dobbs), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, Amy Weil, (The Weil Firm, LLC), Atlanta, for appellee; Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, Dale Cecka, (Department Of Community Health), Atlanta, Cathelynn Tio, (U.S. Attorney’s Office for the Northern District of Georgia), Atlanta, for other party.

    Case Number: A22A0111

    On remand from the Georgia Supreme Court, the court vacated its prior opinion and ruled that a hospital must obtain a certificate of need ("CON") to revert to a short-stay acute care facility

  • Joseph Poppell et al. v. Cardinal Health Inc. et al.

    Publication Date: 2024-10-08
    Practice Area: Consumer Protection | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James D. Durham, Robert Brian Tanner, (Griffin Durham Tanner & Clarkson LLC), Savannah, John E. Floyd, Jane D. Vincent, Manoj Sam Varghese, Jeffrey Weihao Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Ronald Elridge Harrison, II, (The Harrison Firm), Brunswick, Christopher William Madel, (Madel PA), Minneapolis, for appellant.
    for defendant: Nicholas S. Salter, John J. Haggerty, (Fox Rothschild LLP), Warrington, Stephen Derek Bauer, Christopher A. Wiech, Jacqueline Tandy Menk, (Baker & Hostetler LLP), Atlanta, Christopher Randall Jordan. Randall A. Jordan, (Hunter MaClean Exley & Dunn), St. Simons Island, Harold David Melton, William Alexander Smith, Anaid C. Reyes Kipp, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Amber M. Charles, (Covington and Burling, LLP), Washington, for appellee; Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, for other party.

    Case Number: S24A0687

    Court affirms jury verdict in favor of drug distributors in an opioid-related negligence lawsuit, and dismisses as moot the distributors' challenge to the constitutionality of a statute

  • Vest Monroe, LLC et al. v. John Doe

    Publication Date: 2024-10-04
    Practice Area: Class Actions
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Leah Ward Sears, Sasha Nina Greenberg, David V. Hayes, Kimberly Logue Woodland, (Bendin Sumrall & Ladner, LLC), Atlanta, Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Roy Robinson Kelly, IV, Caitlin Derst, (Kelly & Kelly LLP), Savannah, Joseph Alan White, Scott Lester Bonder, (Fried Bonder White), Atlanta, for appellee.

    Case Number: S23G1224

    Court reverses appellate court and affirms trial court's denial of class certification in a lawsuit against a medical service provider due to lack of typicality among class member claims

  • Sobowale v. Smith et al.

    Publication Date: 2024-09-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Jeffery Arnold, H. Stafford, (Attorney at Law), Hinesville, Andrew Johnson, (Arnold & Stafford), Hinesville, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.

    Case Number: A24A0694

    Court affirms negligence and wrongful death jury verdict against two defendants and verifies venue despite settlement with a third defendant that remained in the case solely for venue