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  • Doctors Hospital of Augusta, LLC v. Georgia Department of Community Health et al.

    Publication Date: 2020-09-14
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Kimberly Anderson, Daniel Monahan, Carey Miller, (Robbins Ross Alloy Belinfante & Littlefield), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Roxana Tatman, Jeffrey Stump, Monica Sullivan, (Assistant Attorney General), Atlanta, Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, for appellee. Christopher Carr, (Attorney General), Atlanta, for other party.
    Case Number: A19A0567

    Court affirms award of Certificate of Need for a new hospital to one health care provider and rejects competitor's challenge to the award of that Certificate

  • Houston Hospitals, Inc. v. Reeves et al.

    Publication Date: 2020-08-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Francesca Townsend, Daniel Huff, Julye Johns, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellee. Emmitte Griggs, (Chambless, Higdon & Carson), Macon, Terrell Benton, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A20A0459

    Court affirms denial of a hospital's motion to dismiss a negative credentialing tort claim where a plaintiff did not file an expert affidavit to support that claim

  • Bowden et al. v. The Medical Center, Inc.

    Publication Date: 2020-08-05
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Frank Mitchell Lowrey, Michael Rosen Baumrind, Michael Brian Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Charles A. Gower, Charles Austin Gower, (Charles A. Gower, P.C.), Columbus, for appellant.
    for defendant: William N. Withrow, Lindsey Bowen Mann, (Troutman Sanders, LLP), Atlanta, Paul Douglas Ivey, Robert Calhoun Martin, Lauren King Dimitri, (Hall Booth Smith, P.C.), Columbus, Miller Peterson Robinson, (King & Spalding LLP), Atlanta, for appellee. Curtis Allen Garrett, James Francis Bogan, (Kilpatrick Stockton LLP), Atlanta, Robert Perry Sentell, Joseph Hixon Huff, (Kilpatrick Stockton LLP), Augusta, for Amicus Appellant. Jason Edward Bring, Chesley Sellers McLeod, William Jerad Rissler, (Arnall Golden Gregory LLP), Atlanta, for other party.
    Case Number: S19G0494

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

  • Arnold v. Word et al.

    Publication Date: 2020-07-31
    Practice Area: Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Louie Hendricks, (L. Barrington Hendricks, P.C.), Decatur, for appellant.
    for defendant: Maren Cave, Kathryn Robertson, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Odis Williams, (The Law Office of Odis Williams, P.C.), Marietta, for appellee.
    Case Number: A20A0675

    Aunt of Autistic Man Who Died After Choking on Food at Personal Care Home Fails to Identify Premises Liability Duty Owed by Property's Alleged Co-Owner

  • Haskins et al. v. Georgia Neurosurgical Institute, P. C. et al.

    Publication Date: 2020-07-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Ronald Hallman, (Attorney at Law), Claxton, Berrien Sutton, (Attorney at Law), Homerville, for appellant.
    for defendant: Michael Bailey, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A20A0113

    Court affirms medical malpractice verdict in favor of a physician over injured patient's multiple contentions of evidentiary error by the trial court

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    How to Recover Attorneys’ Fees in Texas 2024

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  • Odion et al. v. Avesis, Inc. et al.

    Publication Date: 2020-07-23
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Gege Odion, Decatur, for appellant.
    for defendant: Kimberly Sheridan, (Vernis & Bowling of Atlanta, LLC), Atlanta, Deepak Jeyaram, (Jeyaram & Associates, PC), Duluth, for appellee.
    Case Number: A20A0658

    Trial Court Erred in Ruling That Equitable Relief Requests Stemming From Substantive Claims Were Moot, But Properly Denied Request to Vacate Arbitrator's Final Award

  • Brown v. The Board of Regents of the University System of Georgia

    Publication Date: 2020-07-16
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Edwin Wilson, (Frails & Wilson), Augusta, for appellant.
    for defendant: Christopher Carr, Atlanta, Angela Cusimano, Peter Fisher, (Georgia Department of Law), Atlanta, for appellee. Garrett Murphy, (Brennan, Wasden & Painter LLC), Augusta, for other party.
    Case Number: A20A0344

    Court affirms dismissal of medical malpractice claim because defendant did not include all required information in his ante litem notice

  • Hunter et al. v. Lowndes County Health Services, LLC

    Publication Date: 2020-07-08
    Practice Area: Contracts | Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ervin Gerson, (Ervin H. Gerson PC), Atlanta, Paul Hermann, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee. James Thagard, (Young, Thagard, Hoffman, Scott & Smith), Valdosta, for other party.
    Case Number: A20A0322

    Court reverses order granting a motion to compel arbitration because the defendant never demonstrated its assent to that agreement before the plaintiff revoked her assent

  • Aliera Healthcare, Inc. v. Anabaptist Healthshare et al.

    Publication Date: 2020-07-06
    Practice Area: Contractual Disputes | Health Care Law | Insurance Law
    Industry: Health Care | Insurance
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Ronan Doherty, Kamal Ghali, Robert Ashe, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, Joseph Letzer, Gregory Harley, Elizabeth Shirley, Jacob Burchfield, (Burr & Forman LLP), Atlanta, for appellant.
    for defendant: Kyle Wallace, Gavin Reinke, Andrew Brown, (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A20A0435

    Health Plan Administrator's Commingling of Its Own Funds With Funds Belonging to Separate Entity Warranted Injunctive Relief

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2020-06-23
    Practice Area: Dispute Resolution | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A0773

    Arbitration Agreement Signed by Guardian on Behalf of Mentally Capacitated Nephew Was Unconscionable; Guardian Did Not Have Authority to Sign Agreement on Behalf of Nephew, Who Had Been Admitted to Mental Health Facility