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  • 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

  • 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

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • 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

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

    Publication Date: 2021-06-14
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Douglas Daum, (Attorney at Law), Snellville, for appellant.
    for defendant: Brian Trulock, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A21A0630

    Patient Failed to Prove Simple Battery Founded on Claim of Withdrawal of Consent to Removal of Catheter

  • Aguila v. Kennestone Hospital, Inc.

    Publication Date: 2021-06-02
    Practice Area: Consumer Protection
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William James, (William Dixon James, P.C.), Decatur, Charles Gower, Charles Gower, (Attorney at Law), Columbus, Miranda Brash, Shaun O'Hara, (Charles A. Gower PC), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: Paul Ivey, Robert Martin, Tyler Pritchard, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.
    Case Number: A19A1492

    Court affirms dismissal of complaint for fraud where defendant hospital had a reasonable basis to use its chargemaster rate as a basis for a hospital lien

  • Booth v. The State

    Publication Date: 2021-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Erin Victoria Dekle, (Piedmont Judicial Circuit Public Defender's Office), Jefferson, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, James Bradley Smith, Gregory Lee Wagner, Erica Patrick Shepley, (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee.
    Case Number: S21A0010

    Court affirms convictions for felony murder and neglect of an elderly person over defendant's claims that verdicts were mutually exclusive

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion