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  • Zarate-Martinez v. Echemendia

    Publication Date: 2015-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Beverly Bates Bates Baum, Atlanta, for appellant.
    for defendant: Daniel Huff and Taylor Tribble Huff, Powell Bailey LLC, for appellees.
    Case Number: A15A0501

    The trial court properly dismissed the plaintiff's medical malpractice lawsuit based on its finding that the plaintiff's expert's affidavit did not meet the requirement for expert testimony and that

  • Bowden v. The Medical Ctr. Inc.

    Publication Date: 2015-06-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles A. Gower, Charles A. Gower Jr., and David T. Rohwedder Charles A. Gower PC, Columbus, for appellant.
    for defendant: Scott C. Crowley Crowley Law Firm LLC, Fortson, and Bobby L. Scott Fischer Scott LLC, Columbus, for appellee. Amicus Appellee: Elizabeth S. Richards and Thomas L. Carnes III Clinton Harkins PC, Marietta.
    Case Number: S14G1632

    Where the subject matter of a lawsuit includes the validity and amount of a hospital lien for the reasonable charges for a patient's care, how much the hospital charged other patients, i or un

  • Tuohy v. City of Atlanta

    Publication Date: 2015-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Gary Kessler Martenson Hasbrouck Simon LLP, Atlanta, for appellant.
    for defendant: Y. Soo Jo, Kristi Matthews, and Robert Godfrey City of Atlanta Law Department, Atlanta, for appellees.
    Case Number: A14A2148

    The plaintiff failed to show that the City's reasons for terminating his employment were pretextual in his suit alleging that he was terminated in retaliation in violation of the Georgia Whistleblowe

  • Crosdale v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0447

    The defendant never asserted at trial that the conversation he had with an assistant pastor after he killed his wife and her cousin was privileged under former O.C.G.A. § 24

  • Sewell v. Cancel

    Publication Date: 2015-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred Adams, Cynthia Burnside, Heather Calhoun, and Leland Kynes Holland Knight LLP, Atlanta, for Sewell. Ranse Partin Conley Griggs Partin LLP, and W. Ray Persons King Spalding, Atlanta, for Faulk. George McGriff, Eric Wyatt George W. McGriff Associates, Roswell, and Nicholas Dumich, Marietta, for Cancel. Other party representation: Richard Shackelford King Spalding, Atlanta, and Lorenzo Williams, Stuart, FL.
    for defendant:
    Case Number: A12A1951; A12A1952

    The defendants were entitled to summary judgment on the plaintiffs' breach of fiduciary duty and fraud c

  • Law Journal Press | Digital Book

    Texas Liquor Liability Practice Manual 2024

    Authors: Spencer G. Markle

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  • Gerguis v. Statesboro HMA Med. Group LLC

    Publication Date: 2015-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony Cochran Chilivis, Cochran, Larkins Bever, Atlanta, and Daniel Snipes Franklin, Taulbee, Rushing, Snipes Marsh, Statesboro, for appellant.
    for defendant: . Michael Thomerson and William Freeman Thomerson McChiaverna Smith Freeman PC, Greenville, S.C., for appellee.
    Case Number: A14A1616

    The doctors were only entitled to copies of the medical re of their former patients who specifically authorized the disclosure of their re

  • Gala v. Fisher

    Publication Date: 2015-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Paul E. Weathington, Joseph P. Mitchell, and Charles M. Smith The Weathington Firm PC, Atlanta, for appellant.
    for defendant: . Douglas J. Davis Belli, Weil, Grozbean Davis LLC, and Stacey A. Carroll Carroll Law Firm LLC, Atlanta, for appellees. Amicus Appellants: Steven P. Bristol Hall, Booth, Smith PC, Brunswick, and Mark W. Wortham Hall, Booth, Smith PC, Columbus. Amicus Appellees: Laura M. Shamp and Lucy R. Atkinson, Atlanta.
    Case Number: S14G0919

    The professional malpractice plaintiffs were permitted under O.C.G.A. § 9-11-9.1 subsection e to cure their defective complaint, which was accompanied by an affidavit from a person not competent to

  • Hendrix v. Fulton DeKalb Hosp. Auth.

    Publication Date: 2015-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth Gordon, LaGrange, for appellant.
    for defendant: . James West and Ayanna Jones-Lightsy James C. West III PC, Decatur, for appellee.
    Case Number: A14A2115

    The plaintiffs' expert affidavit was defective, as the affiant lacked the appropriate level of knowledge relevant to the alleged medical malpra

  • Jackson v. State

    Publication Date: 2015-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Joseph Weathers, Moultrie, for appellant.
    for defendant: Clifford Bowden, District Attorney, and Jennifer Hart, Assistant District Attorney, Tifton, for appellee.
    Case Number: A14A1900

    The defendant's confession to acts of child molestation was sufficiently corroborated by the evi

  • Early v. MiMedx Group Inc.

    Publication Date: 2015-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Erika Birg Nelson Mullins Riley Scarborough LLP, Atlanta, for appellant.
    for defendant: . Collin Freer, Neal Weinrich, and Benjamin Fink Berman Fink Van Horn PC, Atlanta, for appellee. Other party representation: Richard Melzer Seed Biotech Corp., Gainesville, Fla..
    Case Number: A14A2141

    A clause in the parties' consulting agreement requiring the employee to "devote her full working time" to the performance of her duties under the agreement, without limitation concerning either scop