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Publication Date: 2015-01-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Jeffrey Braintwain, Erica Jansen Huff, Powell Bailey LLC, Atlanta, and Carl Langley Watson Spence LLP, Albany, for appellant.
for defendant: . Paul Phillips Flynn Peeler Phillips LLC, and Ralph Scoccimaro Brown Scoccimaro PC, Albany, for appellees.
Case Number: A14A0942
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
Publication Date: 2014-12-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Jeffrey Braintwain, Michael Frankson Huff, Powell & Bailey LLC, Atlanta, Brian Miller, Daniel Hoffman, and James Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellant.
for defendant: . Charles Adams Adams & Adams LLP, Fort Valley, James Messer Fonvielle Lewis Foote & Messer, Tallahassee, Fla., and James Corrigan, Pensacola, Fla., for appellee.
Case Number: A14A0866
The trial court erred in finding as a matter of law that the ER statute, O.C.G.A. § 51-1-29.5, did not apply in the plaintiff's medical malpractice case, as the issue of whether her child's medical
Publication Date: 2014-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Christopher Giovinazzo, H. Lamar Mixson Bondurant, Mixson & Elmore LLP, Atlanta, and Charles Dalziel Brock, Clay, Calhoun & Rogers LLC, Marietta, for appellant.
for defendant: . Merritt McAlister, Zachary McEntyre, Dwight Davis, Meghan Magruder King & Spalding LLP, Atlanta, and Hylton Dupree Dupree & Kimbrough LLP, Marietta, for appellee.
Case Number: A14A0926
The trial court erred in ruling that all signatories to the administrative services agreement must pay liquidated damages to the company that provided the administrative services after they prematur
Publication Date: 2014-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: James Sadd and Daniel Epstein Slappey & Sadd LLC, Atlanta, for appellant.
for defendant: . Daniel Mills, Christian Lang, and David Marshall Hawkins & Parnell LLP, Atlanta, for appellees.
Case Number: A14A1396
The wrongful death plaintiff was not authorized to bind his mother and her estate's successors to an arbitration agreement he signed ostensibly on his mother's behalf when she was admitted to a nurs
Publication Date: 2014-11-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Perry Phillips, Marietta, for appellant.
for defendant: Richard Carothers, Angela Couch, and Thomas Mitchell Carothers & Mitchell LLC, Buford, for appellees.
Case Number: A14A1268
The defendants were not entitled to pursue a counterclaim for the return of earnest money paid pursuant to a lease/purchase agreement, as the agreement contained an enforceable provision under which
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2014-10-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Daryl Yokely, Atlanta, for appellant.
for defendant: Jon Stewart Mabry & McClelland LLP, Atlanta, for appellee.
Case Number: A14A0818
The defendant could not rely on copies of an agreement included in the record to prove the terms of an alleged exculpatory clause, as the pertinent paragraphs were too blurry to read in their ent
Publication Date: 2014-09-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: John S. Noell Jr. and Kevin G. Sweat Cook Noell Tolley & Bates LLP, Athens, for appellant.
for defendant: J. Matthew Anthony, Nancy I. Jordan, and C. Wilbur Warner Jr. Warner, Bates, McCough, McGinnis & Portnoy, Atlanta, for appellee. Other party representation: Roger B. Lane, Brunswick.
Case Number: S14A1187
The trial court erred in applying the doctrine of res judicata "mechanically" in the context of a divorce
Publication Date: 2014-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: J. Wayne Pierce Pierce & Dunkelberger, Atlanta, for appellant.
for defendant: . Theodore Salter, Kennesaw, for appellees.
Case Number: A14A0360
The trial court did not abuse its discretion in granting the plaintiffs' motion to disqualify the defendants' counsel in an action regarding a former business partnership, as counsel's prior represe
Publication Date: 2014-07-24
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: James Meaney Perrotta, Cahn & Prieto PC, Dalton, for appellant.
for defendant: Cynthia Gibson and Sarah Morris Georgia Legal Services Program, Dalton, for appellee.
Case Number: A14A0150
The trial court erred in modifying the father's existing child support obligation without making the required fin
Publication Date: 2014-07-17
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, and Jason S. Naunas, Assistant Attorneys General, Atlanta, for appellant.
for defendant: . J. Kevin Tharpe, Gainesville, for appellee.
Case Number: S13G1127
The Court of Appeals improperly interpreted 42 U.S.C. § 1396p with respect to whether a Medicaid applicant's purchase of an annuity was subject to an asset transfer pe
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