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  • Baldwin County v. Department of Behavioral Health and Developmental Disabilities for the State of Georgia et al.

    Publication Date: 2024-07-11
    Practice Area: Contractual Disputes
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Andrew Welch, (Smith Welch Webb & White), McDonough, Brandon Palmer, (Smith, Welch, Webb & White, LLC), Peachtree City, for appellant.
    for defendant: Christopher Carr, Jonathan Loegel, (Office of the Attorney General of Georgia), Atlanta, for appellee.
    Case Number: A23A1636

    Court affirms dismissal in Baldwin County's breach of contract lawsuit with state behavioral health department because no valid intergovernmental contract existed between the entities

  • Miller v. Polk et al.

    Publication Date: 2024-07-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Felicia Rowe, (Rowe & Rowe LLC), Tucker, for appellant.
    for defendant: Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, Sheila Kazemian, (Attorney at Law), Atlanta, for appellee.
    Case Number: A24A0404

    Court affirms summary judgment in favor of anesthetist staffing companies in negligent credentialing case, finding that staffing companies have no credentialing duties

  • Griffin v. The Emory Clinic Inc. et al.

    Publication Date: 2024-06-19
    Practice Area: Medical Malpractice | Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Francis Kadiri, (Francis O Kadiri LLC), Stone Mountain, for appellant.
    for defendant: Stephen Sparwath, Tyler Jones, (Bendin Sumrall & Ladner LLC), Atlanta, for appellee.
    Case Number: A24A0073

    Court partially reverses dismissal in professional malpractice and negligence lawsuit, concluding that negligence claims could proceed without an expert affidavit

  • Ferguson et al. v. Bowers et al.

    Publication Date: 2024-04-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
    Case Number: A23A1715

    Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

  • Holt et al. v. Glenwood Operating Company, LLC

    Publication Date: 2024-04-25
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
    for defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
    Case Number: A23A1435

    Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

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    Chester County Court Rules 2024

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  • Wakefield et al. v. Kiser

    Publication Date: 2024-04-23
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant.
    for defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party.
    Case Number: A23A1705

    Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees

  • North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.

    Publication Date: 2024-04-22
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
    Case Number: A23A1627

    Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

  • Nayani v. Bhatia et al.

    Publication Date: 2024-04-18
    Practice Area: Cybersecurity | Privacy
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Yasha Heidari, (Heidari Power Law Group LLC), Atlanta, Chenyu Li, Atlanta, for appellant.
    for defendant: Richard Zelonka, Jenna Fowler, Kelli Steele, (Wood Smith Henning & Berman, LLP), Atlanta, for appellee.
    Case Number: A23A1716

    Court reverses summary judgment for defendants in a plaintiff's lawsuit for invasion of privacy and violations of computer systems protections in a case involving unauthorized access of medical records

  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Statham v. Quang et al.

    Publication Date: 2024-04-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Horner, (Middle Georgia Access to Justice Council, Inc.), Atlanta, W. Reynolds, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
    for defendant: Julye Johns, (Huff Powell & Bailey, L.L.C.), Atlanta, David Nelson, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
    Case Number: A23A1419

    Court affirms order that surgeons are not vicariously liable for medical student's errors during surgery, but notes that surgeons may bear direct liability for negligent supervision