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  • UHS of Peachford v. Brady

    Publication Date: 2021-10-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Hostetter, Molly McCall, (Nall & Miller, LLP), Atlanta, for appellant.
    for defendant: Melissa Peavy, (Melissa M Clyatt Associates PC), Destin, for appellee; Peter Fischer, (Georgia Department of Law), Atlanta, Amy Hoffman, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Rolfe Martin, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, Alphonso Howell, Gregory Talley, Kayla Barnes, (Coleman Talley LLP), Valdosta, Stephanie Vari, (Peters & Monyak, LLP), Atlanta, for other party.
    Case Number: A21A0819

    Court reverses trial court and grants Hospital's motion to dismiss a wrongful death action where plaintiff failed to effect due diligence to serve her complaint

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2021-10-11
    Practice Area: Contractual Disputes | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Kevin Emmett Quirk, Kellie Turner Holt, (Quirk & Quirk, LLC), Atlanta, for appellant.
    for defendant: Michael Brian Terry, Jennifer Lauren Peterson, (Bondurant, Mixson, & Elmore, LLP), Atlanta, Bethany Lynn Schneider, (Schneider Injury Law), Atlanta, Katherine G. Hughes, Gretchen Holt Wagner, (Wagner Hughes LLC), Atlanta, for appellee; Jason Edward Bring, William Jerad Rissler, Kara Gordon Silverman, (Arnall Golden Gregory, LLP), Atlanta, for Amicus Appellant.
    Case Number: S20G1292

    Court-Appointed Guardian of Adult Ward Had Authority to Enter Into Pre-Dispute Arbitration Agreement on Ward's Behalf

  • Perry v. Jenkins

    Publication Date: 2021-09-24
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Virginia Morris, (Virginia Nell Morris Law, LLC), Athens, Woodrow Ware, (The Law Offices of Woodrow Wilson Ware, LLC), Watkinsville,for appellant.
    for defendant: Brad Evans, (Attorney at Law), Madison, for appellee.
    Case Number: A21A0969

    Court affirms child custody and visitation order over petitioner's challenge to trial court's processes in issuing that order

  • Cruz et al. v. Xytex Corporation et al.

    Publication Date: 2021-09-23
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James McDonough, (Heninger Garrison Davis, LLC), Atlanta, William Garrison, Brandy Robertson, (Heninger Garrison Davis), Birmingham, David Newdorf, (Newdorf Legal), Oakland, Nancy Hersh, (Hersh & Hersh), San Francisco, for appellant.
    for defendant: Alison Currie, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Linda Jordan, (Watkins Lourie Roll Chance PC), Atlanta, for appellee.
    Case Number: A20A0040

    Claims based on injuries derived from children's lives are not cognizable under Georgia law, but claims predating their lives may be pled as consumer fraud claims

  • Sims v. The State

    Publication Date: 2021-09-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A1350

    Evidence Supported Jury's Finding Defendant Forced Ex-Girlfriend Into His Car and Held Her Against Her Will While He Drove Away

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  • Vasudeva v. Dagnew et al.

    Publication Date: 2021-09-03
    Practice Area: Dispute Resolution | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Gary Freed, Thomas Grant, (Freed Grant, LLC), Atlanta, for Appellant.
    for defendant: Ramsey Knowles, (Taylor English Duma LLP), Atlanta, Jared Hodges, (Knowles Gallant LLC), Atlanta, for Appellee.
    Case Number: A21A0866

    Court reverses order that dismissed a lawsuit and compelled arbitration after concluding that an arbitration clause was unenforceable because it was not initialed

  • Wellstar Health Systems, Inc. et al. v. Alfaro

    Publication Date: 2021-08-13
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: David Conley, Jeffrey Daxe, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, David Cohen, (Complex Law Group, LLC), Marietta, J. Cauthorn, (Attorney at Law), Marietta, for Appellee.
    Case Number: A21A0127

    Court vacates denial of hospital's motion to dismiss patient's claims where patient alleged that hospital lien was improperly based on chargemaster rates

  • Stephanie Orr et al. v. SSC Atlanta Operating Company d/b/a Northeast Atlanta Health and Rehabilitation Center

    Publication Date: 2021-08-12
    Practice Area: Expert Witnesses | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Lyle Warshauer, Michael Perez, (Warshauer Law Group, P.C.), Atlanta, for Appellant.
    for defendant: Craig Brookes, (Attorney at Law), Atlanta, Karen Smiley, Karen Smiley, (Hanks Brookes LLC), Atlanta, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, Registered Agent Operating, LLC The Corporation Company, Cumming, for Appellee; Caleb Walker, (Katherine L. McArthur, LLC), Macon, for AM.
    Case Number: A21A0578

    Proffered Medical Malpractice Experts Lacked Knowledge and Experience in Relevant Practice Area

  • Mekoya v. Clancy et al.

    Publication Date: 2021-08-12
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Sandra Foster, James Painter, Travis Windsor, (Brennan, Wasden, and Painter, LLC), Savannah, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor, LLC), Aiken, for appellee; Joseph Huff, Laurel Landon, (Kilpatrick Townsend & Stockton LLP), Augusta, for other party.
    Case Number: A21A0076

    Experts' Testimony Present an Issue of Fact as to Whether Medical Complications Could Have Been Avoided if Doctor Had Properly Diagnosed Condition

  • Redmond Park Hospital LLC d/b/a Redmond Regional Medical Center v. Floyd Health Care Management Inc. d/b/a Floyd Medical Center et al.

    Publication Date: 2021-08-11
    Practice Area: Civil Appeals | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, 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; Christopher Carr, Margaret Eckrote, Robin Cohen, Dale Cecka, (Assistant Attorney General, State of Georgia), Atlanta, Daniel Walsh, Frank Berry, Office General Counsel, (Department of Community Health) Atlanta, for appellee.
    Case Number: A21A0086

    Hospital's Initial Failure to File Timely Intervention Requests Precluded Later Requests to Intervene in Competitors' Appeals