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  • Woodrum, et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2021-07-28
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: R. Sims, (R. Stephen SIms, P.C.), Springfield, for appellant.
    for defendant: Lee Gillis, Duke Groover, (James Bates Brannan Groover), Macon, for Appellee
    Case Number: A21A0320

    Issues of Fact Exist as to Whether Damages House's Diminution in Value Was Properly Assessed by Insurer During Appraisal Process

  • West et al. v. Bowser et al.

    Publication Date: 2021-07-27
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.
    Case Number: A21A0055

    Court reverses order compelling arbitration in a wrongful death matter because decedent's guardian did not have authority to sign a pre-dispute arbitration agreement.

  • Connie v. Garnett

    Publication Date: 2021-07-23
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Edwin Wilson, (Frails & Wilson), Augusta, Randolph Frails, (Attorney at Law), Augusta, for appellant.
    for defendant: Jeffrey Braintwain, (Huff, Powell & Bailey, LLC), Atlanta, David Mize, (Attorney at Law), Columbus, for appellee.
    Case Number: A21A0413

    Supervising Physician in Medical Malpractice Action Is Not Entitled to Summary Judgment on Issue of Causation

  • Evans et al. v. The Medical Center of Central Georgia

    Publication Date: 2021-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Tracey Dellacona, (Dellacona Law Firm), Macon, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, Roger Krause, (Krause, Golomb & Witcher, LLC), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A0256

    Court reverses summary judgment grant for a hospital and a nurse in a medical malpractice action due to open fact issue as to a breach of the applicable standard of care

  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • McBrayer et al. v. Governors Ridge Office Park Association, Inc. et al.

    Publication Date: 2021-07-07
    Practice Area: Real Estate
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Remar, Michael Eber, (Rogers & Hardin LLP), Atlanta, for appellant.
    for defendant: Alexander Levorse, Noah Rosner, (Attorney at Law), Atlanta, for appellee. Darren Summerville, (The Summerville Firm, LLC), Atlanta, Sean Young, (American Civil Liberties Union Foundation of Georgia, Inc), Atlanta, Christine Castro, Susan Frietsche, (Women's Law Project), Pittsburgh, David Cohen, (Thomas Kline School of Law), Philidelphia, for AM.
    Case Number: A21A0262

    Court orders new trial for a medical office abortion provider where original jury verdict was not supported by evidence showing nuisance

  • The Medical Center, Inc. v. Bowden

    Publication Date: 2021-06-29
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellant.
    for defendant: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for Amicus Appellant.
    Case Number: A18A1249

    Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

  • Pryce v. Pryce

    Publication Date: 2021-06-21
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Marsha Mignott, (The Mignott Law Group, LLC), Tucker, for appellant.
    for defendant: Lesia Pryce, Marietta, for appellee.
    Case Number: A21A0056

    Court affirms aspects of a divorce decree and vacates and remands other aspects with direction to include a parenting plan in the decree

  • Ross-Stubblefield et al. v. Weakland et al.

    Publication Date: 2021-06-15
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Kurle, Steven Justus, (KurleLaw, LLC), Decatur, Paul Hotchkiss, Maggie Stewart, (Hotchkiss Law Firm LLC), Atlanta, for appellant.
    for defendant: Vera Stock, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, Margaret Dobes, (Huff Powell & Bailey LLC), Atlanta, for appellee.
    Case Number: A21A0053

    Court affirms jury verdict for a doctor in a malpractice case, noting that admission of altered medical records had no bearing on the applicable standard of care