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  • Blake v. KES Inc.

    Publication Date: 2016-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Bobby Aniekwu, Marietta, for appellant.
    for defendant: . Robert Butler Leitner, Williams, Dooley Napolitan PLLC, Atlanta, and Michael Newton Leitner, Williams, Dooley Napolitan PLLC, Chattanooga, TN, for appellees.
    Case Number: A15A2207

    The plaintiffs were not required to establish that their expert met the requirements of O.C.G.A. § § 24-7-702 subsection c 2 D in order to testify as an expert as to causation in their negligence ac

  • Moore v. McKinney

    Publication Date: 2016-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Anthony Moore, Fairburn, proceeded pro se. Janeene Moore-McKinney, Lithia Springs, proceeded pro se.
    for defendant:
    Case Number: A15A1905

    The trial court erred in making retroactive modifications to the child support terms that had been established by the parties' divorce decree and in failing to require the parties to share uninsured

  • City of Hapeville v. Grady Mem'l Hosp. Corp.

    Publication Date: 2016-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Gregory Reybold Daley Koster LLC, Atlanta, and Paul Koster Daley Koster LLC, Carrollton, for appellant.
    for defendant: . Samuel Harvey, Atlanta, for appellee.
    Case Number: A14A0724

    The Court of Appeals remanded the case, which related to statutory waiver of municipal immunity in cases where a health care provider sought compensation from a municipality for medical services ren

  • Georgia Dep't of Behavioral Health Developmental Disabilities v. United Cerebral Palsy of GA Inc.

    Publication Date: 2016-03-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Joshua B. Belinfante, Kimberly K. Anderson Robbins Ross Alloy Belinfante Littlefield LLC, Jaime L. Theriot, and J. Nick Phillips Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Jason M. Beach, Lawrence J. Bracken II, Eric J. Taylor, Peter F. Busscher Hunton Williams LLP, Rebeccah L. Bower, Jonathan L. Rue Parker Hudson Rainer Dobbs LLP, Jordan Kearney, Glenn P. Hendrix, William J. Rissler Arnall Golden Gregory LLP, Alysa B. Freeman, Atlanta, and Deepak Jeyaram Jeyaram Associates Inc., Duluth, for appellees. Amicus Appellees: Gerald R. Weber Jr., Atlanta.
    Case Number: S15G1183

    The Court of Appeals erred in holding that the strative agencies' alleged failure to give the plaintiffs proper notice of adverse agency decisions excused the plaintiffs from the exhaustion of

  • Goldstein, Garber Salama LLC v. J. B.

    Publication Date: 2016-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: H. Lane Young, Matthew Barr Hawkins Parnell Thackston Young LLP, Atlanta, Jonathan Freiman, and Tadhg Dooley Wiggin and Dana LLP, New Haven, CT, for appellant.
    for defendant: Jennifer Jordan Shamp Speed Jordan Woodward, William Bird Bird Law Group PC, and Michael Regas, Atlanta, for appellee.
    Case Number: A15A1491

    The trial court did not err in denying the defendant dental practice's motion for directed verdict in the plaintiff's suit alleging that the defendant's negligence resulted in a certified registere

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Georgia Dep't of Community Health v. Neal

    Publication Date: 2016-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, William Banks, Deputy Attorney General, Robin Leigh, Assistant Attorney General, Julie Jacobs, and Stephanie Burnham Attorney General's Office, Atlanta, for appellant.
    for defendant: Michael Foust, Allan Parks Parks, Chesin Walbert PC, Jeffrey Berhold, and Peter Lampros, Atlanta, for appellee.
    Case Number: A15A1033

    The plaintiff failed to show that she entered into a signed, written contract with the defendant government such that the ex contractu exception to the State's sovereign immunity applied; the

  • In the Interest of S. B.

    Publication Date: 2016-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jo Nesset-Sale, Athens, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Chad Hunt, Crawford, for appellee.
    Case Number: A15A1427

    The Court reversed the termination of the appellants' parental rights to their two minor children, because the evidence was not clear and convincing that the deprivation was likely to ue, that

  • In the Interest of J. C.

    Publication Date: 2016-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jacqueline Cauble Public Defender's Office, LaGrange, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt Taylor, Newnan, for appellee.
    Case Number: A15A1144

    There was not clear and convincing evidence that, at the time the juvenile court entered its order transferring temporary legal custody of a minor from the child's mother to the child's aunt, the ch

  • Piedmont Hosp. Inc. v. D. M.

    Publication Date: 2016-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Paul Hotchkiss, Charles Smith, and Paul Weathington Weathington Smith PC, Atlanta, for Piedmont Hospital. Hunter Allen, Joscelyn Hughes Allen, McCain O'Mahoney PC, Jennifer Jordan Shamp Speed Jordan Woodward, and Frank Ilardi Warshauer Law Group PC, Atlanta, for D. M. in Case No. A15A1572. Simuel Doster, Hunter Allen, and Joscelyn Hughes Allen, McCain O'Mahoney PC, Atlanta, for Colquitt in Case No. A15A1573. Jennifer Jordan Shamp Speed Jordan Woodward, and Frank Ilardi Warshauer Law Group PC, Atlanta, for D. M. in Case No. A15A1573.
    for defendant:
    Case Number: A15A1572; A15A1573

    The plaintiff's negligence and fraud claims were subject to the 5-year statute of repose because they arose out of the breach of a professional duty to inform the plaintiff that a blood test indicat

  • Murphy v. BCCTC Assocs. Inc.

    Publication Date: 2015-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Stanley Kreimer, Atlanta, for appellant.
    for defendant: Laura Stevenson, Atlanta, and Sigmund Roos Block Roos LLP, Boston, MA, for appellees. Other party representation: Andrew Coomes McConnell Sneed LLC, Atlanta.
    Case Number: A15A1048

    The guaranties at issue could not be enforced absent evidence of the plaintiffs' compliance with a condition precedent contained in paragraph six of the guaranties, which was not satisfied in this