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  • Clouthier v. The Medical Center of Central Georgia, Inc.

    Publication Date: 2019-10-14
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Miranda Brash, Shaun O'Hara, (Charles A. Gower PC), Columbus, William Noland, (Noland Law Firm, LLC), Macon, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for AM.
    Case Number: A19A0848

    Court reverses dismissal of complaint for fraud, negligent misrepresentation, and RICO Act violations relating to a hospital lien

  • Colquitt v. Buckhead Surgical Associates, LLC et al.

    Publication Date: 2019-08-29
    Practice Area: Corporate Governance | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Beal, Nicholas Smith, (Buckley Beal LLP), Atlanta, for appellant.
    for defendant: Jeffrey Lewis, Samuel Lyddan, (Arnall Golden Gregory, LLP), Atlanta, G. Bryant, David Hungeling, (Attorney at Law), Atlanta, Matthew Lazarus, Teddy Sutherland, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, for appellee.
    Case Number: A19A0466

    Terminated member of an LLC has no claim for breach of fiduciary duty against either managing or non-managing members

  • The Fulton-Dekalb Hospital Authority et al. v. Hickson

    Publication Date: 2019-08-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Banks, (Weathington McGrew LLC), Atlanta, Paul Weathington, (Weathington Smith), Atlanta, for appellant.
    for defendant: Angela Fox, Kurt Kastorf, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan, PA), Atlanta, for appellee.
    Case Number: A19A0215

    Open issues of material fact preclude summary judgment on hospital's good faith immunity argument in a medical malpractice action.

  • Georgia Department of Community Health v. Emory University, et al.

    Publication Date: 2019-08-16
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Isaac Byrd, Christopher Carr, (Deputy Attorney General), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, for appellant.
    for defendant: Lawrence Myers, (Attorney at Law), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, for appellee.
    Case Number: A19A0615

    Hospital Could Not Transfer Its In-Patient Rehabilitation Program To Separate Entity Prior to Approval of New Certificate of Necessity

  • Hill vs. Board of Regents of the University System of Georgia et al.

    Publication Date: 2019-08-15
    Practice Area: Civil Procedure | Employment Compliance | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: John Brown, (Attorney at Law), Augusta, for appellant.
    for defendant: Annarita McGovern, (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta, Richard Mitchell, Aaron Danzig, Richard Mitchell, Samuel Lyddan, (Arnall Golden Gregory LLP), Atlanta, Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellee. Sara Vann, (Office of the Attorney General, Medicaid Fraud Control Unit), Atlanta, Jeanette LeRay, (Hall Booth Smith, P.C.), Atlanta, for other party.
    Case Number: A19A0336

    Original Complaint Allegations Not Binding Following Amended Complaint That Did Not Incorporate Earlier Allegations

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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

    Publication Date: 2019-08-12
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Daniel Walsh, Rachel King(Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Department of Community Health should have conducted a Certificate of Need review with respect to health care facility's expanded operations

  • Hawkins v. The State

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cynthia Harrison, (Attorney at Law), Atlanta, for appellant.
    for defendant: Amelia Pray, D. Reynolds, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A0717

    Court Affirms Convictions for Abuse and Neglect by Counsel Who Operated Unlicensed Homes in Which Mental Impaired Patience Were Held in Unsafe Conditions

  • Mercer University v. Stofer et al.

    Publication Date: 2019-07-31
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Alan J. Payne, Brian David Trulock, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellant.
    for defendant: Ranse Murphy Partin, Davis Shirley Popper, (Conley Griggs Partin LLP), Atlanta, for appellee. Mathew G. Nasrallah, (Robertson, Bodoh & Nasrallah, LLP), Marietta, Allison Elmore Thornton, (Georgia Trial Lawyers Association), Atlanta, for appellee.
    Case Number: S18G1022

    Court reviews landowner's right to claim immunity under Recreational Parks Act

  • Kolb et al. v. Daruda

    Publication Date: 2019-07-25
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: H. Dever, Hayes Dever, (Friedman, Dever & Merlin, LLC), Atlanta, for appellant.
    for defendant: Christopher Collier, (Williams Teusink, LLC), Decatur, for appellee.
    Case Number: A19A0296

    Trial Court Erred in Dismissing Action Without First Allowing Plaintiff to Take Limited Discovery Regarding Personal Jurisdiction Over Defendant

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

    Publication Date: 2019-07-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Daniel Huff, Julye Johns, Bailey Sabulis, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Neal Graham, (Graham Law LLC), Macon, Joel Grist, (Grist Law Firm), Macon, for appellee. John Train, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Emmitte Griggs, (Chambless, Higdon & Carson), Macon, Rachael Rapraeger, Macon, for other party.
    Case Number: A19A0422

    Court Reverses Order Denying Summary Judgment to Hospital Facing Claims by Former Patients Whose Medical Test Results Were Forged, Concluding That No Injury Arises from Undergoing Duplicative Mammogram After First Test Is Fraudulently Reported as Normal