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Publication Date: 2013-11-06
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Michael J. Bowers, Malissa A. Kaufold-Wiggins Balch & Bingham LLP, Atlanta, Cavender C. Kimble Balch & Bingham LLP, Birmingham, Ala., Wade P. K. Carr, Bruce E. Baty Dentons US LLP, Kansas City, Mo., and Eric J. Andalman Dentons US LLP, Chicago, Ill., for appellant.
for defendant: Walter G. Elliott II Elliott, Blackburn & Gooding PC, Valdosta, for appellees. Amicus Appellee: Aubrey T. Villines Jr. and Jeffrey R. Filipovits Filipovits Law Firm PC, Atlanta.
Case Number: S12G1935
The Court of Appeals erred in defining the phrases "any class of providers" and "classes of eye care providers" too broadly, inasmuch as it relied on the general dictionary definition of the word "
Publication Date: 2013-10-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff:
for defendant:
Case Number: A13A0936; A13A0937
The superior court properly reversed the Department of Community Health's approval of a hospital's application for a certificate of need to develop an ambulatory surgery center in Cobb County, as th
Publication Date: 2013-10-15
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Lawrence Bracken and James Humphries Hunton & Williams LLP, Atlanta, for appellant.
for defendant: . Charles Adams Adams & Adams LLP, Fort Valley, Virgil Adams, Caroline Herrington Adams & Jordan PC, Jarome Gautreaux Gautreaux & Adams LLC, and Tracey Dellacona, Macon, for appellee. Amicus Curiae: Hunter Allen, Simuel Doster Allen, McCain & O'Mahoney PC, Atlanta, and Steven Salcedo, Decatur.
Case Number: A13A0927
The evidence created a jury issue as to whether the medical care provided to the plaintiff constituted "emergency medical care", in which case the plaintiff needed to prove gross negligence by clear
Publication Date: 2013-10-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Randolph P. Powell Jr. Huff, Powell & Bailey LLC, Atlanta, Wade H. Coleman, Alphonso A. Howell IV, and Gregory T. Talley Coleman Talley LLP, Valdosta, for appellant.
for defendant: . Laura M. Shamp, Atlanta, for appellees.
Case Number: S12G1964
The trial court reversibly erred in allowing a medical doctor to testify as an expert witness as to the standard of care for a n idwife when the doctor had not supervised, taught or instructed
Publication Date: 2013-10-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Roy E. Barnes, Allison B. Salter, and James C. Tribble The Barnes Law Group LLC, Marietta, for appellant.
for defendant: Laura K. Bonander and Wade H. Watson III Caldwell & Watson LLP, Atlanta, for appellee.
Case Number: S13A0989; S13A1189; S13A1190
The appellant did not breach his fiduciary duty as trustee for the parties' parents' respective estates by serving as the co-chair of a university's capital campaign committee and donating $1M from
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Publication Date: 2013-08-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff:
for defendant:
Case Number: A13A0061; A13A0062
A consumer arbitration agreement executed as part of the plaintiff's admission to the defendant nursing home and convalescent center was unenforceable, since it designated the National Arbitration A
Publication Date: 2013-07-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys: For plaintiff: Thomas Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
for defendant: . Scott Commander, Lori Jolly Commander Pound LLP, Anna Fretwell, Taylor Tribble Huff, Powell & Bailey LLC, Brian Mathis, Kevin Race Insley & Race LLC, Wayne McGrew, and Heather Miller Carlock Copeland & Stair, Atlanta, for appellees.
Case Number: A13A0535
The trial court did not abuse its discretion in granting the medical malpractice defendants' joint motion for a qualified protective order seeking permission to conduct ex parte interviews with the
Publication Date: 2013-07-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys: For plaintiff:
for defendant:
Case Number: A13A0601; A13A0602
The defendant doctors were entitled to official immunity in the plaintiff's medical malpractice action because they were full-time faculty members at the Medical College of Georgia and were perform
Publication Date: 2013-07-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Christopher Galanek, Laura Williams, and Eric Schroeder Bryan Cave Powell Goldstein LLP, Atlanta, for appellant.
for defendant: Simon Bloom The Bloom Sugarman Everett LLP, Martin Shelton Scoggins & Goodman PC, Donald Stack Stack & Associates PC, Atlanta, and Michael Carvalho Carvalho & Associates PC, Marietta, for appellees.
Case Number: A13A0065
The trial court did not err in denying the defendant's motion in limine to preclude the plaintiffs' counsel from testifying at trial regarding the spoliation of certain evidence that occurred during
Publication Date: 2013-07-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
for defendant: Natalie Beasman and James Meadows Balch & Bingham, Atlanta, for appellees.
Case Number: A13A0189
The defendant hospital was protected from vicarious liability in the medical malpractice lawsuit because it fully complied with Georgia law in posting notice in a public area of the hospital regard
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