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  • 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

  • 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

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  • 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

  • Jackson et al. v. Raffensperger

    Publication Date: 2020-06-19
    Practice Area: Constitutional Law | Government | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Yasha Heidari, (Heidari Power Law Group, LLC), Atlanta, Renee D. Flaherty, (Institute for Justice), Arlington, Jaimie Cavanaugh, (Institute for Justice), Minneapolis, for appellant.
    for defendant: Ross Warren Bergethon, Kirsten Searle Daughdril, Melissa Angeleah Tracy, Andrew Alan Pinson, Christopher M. Carr, (Department of Law), Atlanta, for appellee. Glenn A. Delk, (Lightmas & Delk), Atlanta, Timothy Sandefur, (Scharf-Norton Center for Constitutional Litigation), Phoenix, Maxwell Kent Thelen, (The Summerville Firm, LLC), Atlanta, Eugene R. Curry, (Law Office of Eugene R. Curry), Barnstable, Madison Hunter Kitchens, John Franklin Sacha, Jr., (King & Spalding LLP), Atlanta, for Amicus Appellant.
    Case Number: S20A0039

    Georgians Have Constitutional Right to Pursue Lawful Occupations of Their Own Choosing Without Unreasonable Governmental Interference

  • Njoku et al. Adeyemi

    Publication Date: 2020-06-01
    Practice Area: Civil Procedure | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Agbor Ebot Tabi, (The Law Office of Agb or Ebot Tabi, P.C.), Acworth, for appellant.
    for defendant: Andrew Mosley, (Mosley Law Offices), Lawrenceville, for appellee.
    Case Number: A20A0021

    Court affirms denial of defendants' summary judgment motion in a partnership dissolution dispute and remands for further proceedings on an order of accounting

  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2020-05-19
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell, (Bell Law Firm), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, James Wilson, (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellee. Heather McGrotty, (Weathington Mgrew PC), Atlanta, Paul Weathin, (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    Court vacates and remands zero damages award in medical malpractice case for determination of whether the verdict was void as inconsistent

  • The Columbus Clinic, P. C. v. Williams

    Publication Date: 2020-04-27
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Timothy Newton, Jarrett Spence, (Constangy, Brooks, Smith, & Prophete, LLP), Atlanta, for appellant.
    for defendant: Thomas Martin, (Martin & Martin, LLP), Tucker for appellee.
    Case Number: A19A1895

    Court reverses summary judgment for an employee physician due to unresolved ambiguity in an employment agreement