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  • Anderson v. Southern Home Care Servs. Inc.

    Publication Date: 2015-11-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: J. Marcus E. Howard, Geoffrey E. Pope Pope Howard PC, Atlanta, Benjamin H. Terry, Peachtree City, and J. Derek Braziel Lee Braziel LLP, Dallas, Texas, for appellant.
    for defendant: . Matthew A. Boyd and Ronald G. Polly Jr. Hawkins Parnell Thackston Young LLP, Atlanta, for appellees.
    Case Number: S15Q1127

    Employees whose jobs consist of providing in-home personal support services to their employers' clients and who are exempted from the federal minimum wa are not exempt from Georgia's minimum w

  • Brown v. Howard

    Publication Date: 2015-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John Hall, Beth Kanik, and Andrew Hazen Hall, Booth, Smith Slover PC, Atlanta, for appellant.
    for defendant: . John Steel Steel Moss LLP, Atlanta, Zev Gershon, and Randal Getz Gershon Willoughby Getz Smith LLC, Baltimore, MD, for appellees.
    Case Number: A15A1000

    The trial court abused its discretion in ruling that all of the medical records the defendants requested in the plaintiff's negligence action were privi

  • In the Interest of J. M. S.

    Publication Date: 2015-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James McIlvaine McIlvaine Law Group LLC, Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, and Whitney Hunter, Brunswick, for appellee.
    Case Number: A15A1624

    The juvenile court did not abuse its discretion in transferring the juvenile's case to the superior court, as there was evidence supporting the juvenile court's determinations that it w

  • Nguyen v. Southwestern Emergency Physicians PC

    Publication Date: 2015-11-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Paul G. Phillips Flynn Peeler Phillips LLC, and Ralph O. Scoccimaro Brown Scoccimaro PC, Albany, for appellant.
    for defendant: . Amicus Appellants: Sidney L. Moore III Summerville Moore PC, and Darren W. Penn Harris Penn Lowry LLP, Atlanta. Jeffrey D. Braintwain, Erica S. Jansen Huff, Powell Bailey LLC, Atlanta, and Carl R. Langley Walton Spence LLC, Albany, for appellees. Amicus Appellees: Henry D. Green Jr. and Daniel J. Moriarty Green Sapp LLP, Atlanta.
    Case Number: S15G0621

    A jury question remained as to whether a 6-month-old, who was misdiagnosed as having a minor injury in a hospital e cy room as opposed to the serious injury she actually suffered, was provided

  • Vernon v. Assurance Forensic Accounting LLC

    Publication Date: 2015-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey Horst, Artis Jenkins, and Christopher Adams Krevolin Horst LLC, Atlanta, for Vernon. Angelo Merolla Merolla Gold LLP, Atlanta, for Assurance Forensic Accounting LLC.
    for defendant:
    Case Number: A15A0306; A15A0307

    The trial court erred in finding that the parties' severance agreement was too vague to be enforc

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Vernon v. Assurance Forensic Accounting LLC

    Publication Date: 2015-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey Horst, Artis Jenkins, and Christopher Adams Krevolin Horst LLC, Atlanta, for Vernon. Angelo Merolla Merolla Gold LLP, Atlanta, for Assurance Forensic Accounting LLC.
    for defendant:
    Case Number: A15A0306; A15A0307

    These companion appeals arise out of a dispute over severance pay. Mark Vernon sued his former employer, Assurance Forensic Accounting, LLC, Assurance

  • Doctors Hosp. of Augusta LLC v. Alicea

    Publication Date: 2015-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: David Johnson, Kevin Race, and Brett Tarver Insley Race LLC, Atlanta, for appellant.
    for defendant: . Christopher Connor, Kenneth Connor, Camille Godwin Connor Connor LLC, and Harry Revell Nicholson Revell LLP, Augusta, for appellee. Other party representation: Jeffrey Braintwain and Bailey Blair Huff, Powell Bailey LLC, Atlanta.
    Case Number: A15A0107

    The immunity afforded to health care providers and facilities under the Georgia Advance Directive for Health Care Act applies only where the health care provider or facility was making a good faith

  • Williams v. The Columbus Clinic PC

    Publication Date: 2015-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John K. Larkins Jr. Chilivis Cochran Larkins Bever LLP, Atlanta, Kimberly N. Martin, and Thomas F. Martin Martin Martin LLP, Tucker, for appellant.
    for defendant: Glen R. Fagan Constangy Brooks Smith Prophete LLP, Atlanta, for appellee.
    Case Number: A15A0559

    A genuine issue of material fact remained as to whether a medical clinic was authorized to terminate a physician for cause when a hospital "restricted" his privileges by imposing a proctorship o

  • Dubois v. Brantley

    Publication Date: 2015-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James B. Franklin Franklin, Taulbee, Rushing, Snipes Marsh LLC, Statesboro, Kathryn H. Pinckney, and Brent J. Savage Savage Turner PC, Savannah, for appellant.
    for defendant: . Charles A. Dorminy, Norman D. Lovein, and William S. Mann Hall, Booth, Smith Slover PC, Brunswick, for appellees.
    Case Number: S14G1192

    The Court of Appeals erred in ruling that the medical malpractice plaintiffs' witness did not qualify as an expert under Rule 702, as he had an appropriate level of knowledge in performing the proce

  • Stone v. Stone

    Publication Date: 2015-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Alan Mullinax and Zachary R. Stepp Alan Mullinax Associates PC, Lawrenceville, for appellant.
    for defendant: Linda S. McKinley Gwinnett County Juvenile Court, Lawrenceville, for appellees. Other party representation: Deana M. Spencer Spencer Law LLC, and Lawrence L. Washburn III, Lawrenceville.
    Case Number: S15F0064

    The trial court erred in awarding joint legal custody of the child to the father and the maternal grandmother, as Georgia statutory law supports joint custody arrangements only between pa