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  • Brandenburg v. City of Vidalia et al.

    Publication Date: 2022-12-06
    Practice Area: Civil Procedure | Government | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage, (Savage Turner & Pinckney PC), Savannah, for appellant.
    for defendant: Johnathan Krawcheck, Gary Toman, Anna Idelevich, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, Paul Threlkeld, David Mullens, (Oliver Maner, LLP), Savannah, for appellee; Tyrone Burns, Sr., Lakeland, Tyrone Burns, Jr., (Georgia Diagnostic Class Prison), Jackson for other party.
    Case Number: A22A1027

    Florida Mental Health Services Provider Not Subject to Suit in Georgia For Crimes Committed in Georgia by Florida Client

  • Hill v. Kemp

    Publication Date: 2022-12-01
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Matthew Tucker, (Tucker & Associates Law Firm LLC), Jonesboro, Alan Parker, (Alan Parker Law Firm LLC), Jonesboro, for appellant.
    for defendant: Julie Jacobs, Christopher Carr, (Office of the Attorney General), Atlanta, Andrew Dearing, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A22A1113

    Court affirms denial of a suspended sheriff's petition for a writ of mandamus for to require his reinstatement

  • Dodge County Hospital Authority v. Seay et al.

    Publication Date: 2022-11-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Matthew Coles, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellant.
    for defendant: Jonathan Seay, McRae, for appellee; Emmitte Griggs, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for other party.
    Case Number: A22A0741

    Court reverses denial of a motion to dismiss a malpractice claim that was couched as a negligence claim because plaintiff did not include an expert affidavit

  • Curmode v. Alsbrooks et al.

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Stacy Crittenden, Marietta, for appellant.
    for defendant: Leslie Eason, (Gordon & Rees, LLP), Atlanta, for appellee.
    Case Number: A22A0801

    Court affirms dismissal of a negligence lawsuit against a massage therapist, finding that an exculpatory clause barring that lawsuit is not against Georgia public policy

  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
    Case Number: A22A1013

    Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision

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  • Cartersville Medical Center, LLC d/b/a Cartersville Medical Center v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Mariana Melendez, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), Rome, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee; Christopher Carr, Stacey Hillock, Daniel Walsh, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta,
    Case Number: A22A0804

    Court reverses superior court order that rejected the Department of Health's decision to grant an application for a Certificate of Need for a new neonatal care unit

  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Charlotte Combre, Sanford Moore, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court reverses one superior court's denial of Certificate of Need for a radiation therapy center and affirms a second court's approval of it

  • Edwards v. Roundtree et al.

    Publication Date: 2022-11-25
    Practice Area: Evidence | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jon Hall, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Robert Pirkle, (Attorney at Law), Hinesville, Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1603

    Plaintiff's Physician's Medical Narrative Report Was Admissible Even Though It Differed From Deposition Testimony

  • AU Medical Center, Inc. v. Georgia Department of Community Health, et al.

    Publication Date: 2022-11-23
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, Cathelynn Tio, Christopher Carr, (Office of the Attorney General, Department of Law), Atlanta, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, Caylee Noggle, (Commissioner-C/O Office of Health Planning), Atlanta, Charles Thimmesch, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A22A1148

    Party Challenging Grant of Certificate of Need to Hospital Failed to Raise Claim Its Substantial Rights Were Prejudiced

  • Pride Medical, Inc. et al. v. John Doe et al.

    Publication Date: 2022-11-21
    Practice Area: Civil Procedure | Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jeffrey Bazinet, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, for appellant.
    for defendant: Todd Poole, Bret Moore, Jon David Huffman, (Poole Huffman, LLC), Tucker, Scott McMahan, (Poole Huffman, LLC), Decatur, for appellee.
    Case Number: A22A1140

    Ample Evidence Supported Imposition of Attorney Fees and Expenses as Discovery Sanctions