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  • In the Interest of A. G., a child.

    Publication Date: 2022-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A22A0459

    Court affirms denial of State's motion to transfer a juvenile case to the superior court and to treat a child as an adult on attempted murder and other charges

  • C.R. of Thomasville, LLC et al. v. Hannaford et al.

    Publication Date: 2022-04-27
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Brookes, (Attorney at Law), Atlanta, Dennis Brown, (Huff Powell Bailey, LLC), Atlanta, for appellant.
    for defendant: Daniel Cotter, (Law Offices of Daniel W. Cotter, P.C.), Decatur, Anna Cross, (The Cross Firm LLC), Decatur, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A22A0094

    Court affirms denial of nursing facility's motion to dismiss a negligence complaint in favor of arbitration because arbitration agreement was not signed by plaintiff's agent

  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action

  • Villages of Cascade Homeowners Association, Inc. v. Edwards

    Publication Date: 2022-04-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Michael Smith, (Law Offices of Michael Smith, LLC), Decatur, Brynda Insley, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A1336

    Court reverses denial of Homeowners Association's motion for summary judgment on injured resident's claims for premises liability, nuisance, and punitive damages

  • Butler v. Butler et al.

    Publication Date: 2022-04-12
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Lisa Taylor, (Stembridge Taylor LLC), Watkinsville, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Tiffany Ellenberg, (Attorney at Law), Madison, Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A21A1570

    Court vacates denial of unemployment benefits and remands for consideration of whether employee's health justified her leaving her job due to potential COVID exposure

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

    View this Book

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  • Windward Campus Owner, LLC v. Good Night Medical of Ohio, LLC et al.

    Publication Date: 2022-04-07
    Practice Area: Deals and Transactions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Dolinsky, (Law Offices of David R. Dolinsky), Atlanta, Michael Weinstein, (MBW Law, LLC), Atlanta, for appellant.
    for defendant: Donald Boyle, John Richard, (Continuum Legal Group LLP), Atlanta, G. Nason, (Lamberth Cifelli Ellis & Nason PA), Atlanta, for appellee.
    Case Number: A21A1192

    Court affirms summary judgment order concluding that a voidable transaction did not occur and purchaser of commercial tenant's assets was not liable for rent payments

  • Dunwoody Obstetrics And Gynecology, P. C., et al. v. Franklin et al.

    Publication Date: 2022-04-01
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Hanson, (Weathington LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, J. Howard, Geoffrey Pope, (Pope & Howard, PC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A21A1691

    Excluding Critical Defense Evidence as Discovery Sanction Following Last-Minute Disclosure Not Abuse of Discretion

  • Med-Care Solutions, LLC et al. v. Bey & Associates, LLC

    Publication Date: 2022-03-23
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Matthew Schwartz, (Schwartz Law Center, LLC), Marietta, Karen Young, (Karen Young Law Firm), Saint Simons Island, for appellant.
    for defendant: Jason Alloy, Brian Lake, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, H. Dever, Hayes Dever, (Friedman, Dever & Merlin, LLC), Atlanta, for appellee; Mike Aziz, (Clark Mascaro & Aziz, P.C.), Atlanta, Alex Smith, (AM Smith Law Firm LLC), Atlanta, Lynn Hassett, (Hassett Law Group, LLC), Atlanta, for other party.
    Case Number: A21A1610

    Court affirms finding that medical funding companies could not enforce a lien that they attempted to enforce as an Article 9 security interest and not as a medical lien

  • Emory Healthcare, Inc. v. Van Engelen et al.

    Publication Date: 2022-03-22
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Joscelyn Hughes, (Bendin Sumrall & Ladner), Atlanta, Benjamin Ladner, (Attorney at Law), Atlanta, for appellant.
    for defendant: Jeffrey Shiver, Marla Eastwood, Kyle Wallace, (Shiver Hamilton LLC), Atlanta, for appellee; Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, for other party.
    Case Number: A21A1562

    Court affirms denial of a motion to dismiss and compel arbitration on a wrongful death/medical malpractice actions because agreement was not signed on behalf of claimant

  • Pruitthealth-Augusta, LLC et al. v. Lyell et al.

    Publication Date: 2022-03-21
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Braintwain, Randolph Powell, Mark Simmons, (Huff Powell & Bailey LLC), Atlanta, James Purcell, David Hymel, (Fulcher Hagler LLP), AUGUSTA, for appellant.
    for defendant: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, for appellee.
    Case Number: A21A1681

    Court vacates order denying motion to dismiss wrongful death action and remands case for trial court to address relief under an arbitration agreement