• Bonds v. Nesbitt

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: James Anagnostakis, Douglasville, for appellant.
    for defendant: . Beth Kanik Hall Booth Smith & Slover PC, Atlanta, for appellee.

    Case Number: A13A0348

    A jury question remained as to whether the decedent at some point became stable and capable of receiving non-emergency services, thereby triggering an exception to O.C.G.A. § 51-1-29.5—providing tha

  • Aetna Workers' Comp Access LLC v. Coliseum Med. Ctr.

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A0436; A13A0437; A13A0972; A13A0973

    The State Board of Workers' Compensation did not have exclusive jurisdiction over the medical care providers' claims against the defendant because the allegations did not implicate the benefits to

  • Shekhawat v. Jones

    Publication Date: 2013-07-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Adam L. Appel, Kim M. Ruder Carlock, Copeland & Stair LLP, Annarita M. Busbee, and Derrick L. Bingham Owen Gleaton Egan Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: . Amicus Appellant: Samuel S. Olens, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Claude M. Sitton, Assistant Attorney General, Atlanta, Floyd M. Taylor, David E. Hudson, James V. Painter Hull Barrett PC, and James S. V. Weston Trotter Jones LLP, Augusta. Vincent A. Toreno Ken David & Associates LLC, Atlanta, Gary B. Blasingame, Andrew J. Hill III, and Josh B. Wages Blasingame Burch Garrard & Ashley PC, Athens, for appellees.

    Case Number: S12G0552

    The sole issue in determining whether an individual state employee may be liable as a defendant in a tort suit is whether the employee was acting within the scope of his employment with the state in

  • Graham v. HHC St. Simons Inc.

    Publication Date: 2013-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Vincent Sowerby, Brunswick, for appellant.
    for defendant: . Michael Frick, Christina Jones Hall Booth Smith PC, Brunswick, and Robert O'Quinn, Jacksonville, Fla., for appellee. Amicus Curiae: Martin Levinson Hawkins Parnell Thackston & Young LLP, and James Sadd Slappey & Sadd LLC, Atlanta.

    Case Number: A13A0454

    The Court of Appeals affirmed the denial of the plaintiff's motion to enforce a settlement agreement when he attempted to accept the settlement offer after the trial court granted the defendant's mo

  • Wells Fargo Bank NA v. Jenkins

    Publication Date: 2013-06-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Samuel D. Almon, Kimberly R. Bourroughs, Leah W. Sears Schiff Hardin LLP, John G. Perry, and Robert R. Ambler Jr. Womble, Carlyle, Sandridge & Rice PLLC, Atlanta, for appellant.
    for defendant: . James W. Kytle Mann & Kytle PLLC, Seattle, Wash., David Humphreys, Paul Catalano, and Luke Wallace Humphreys Wallace Humphreys PC, Tulsa, Okla., for appellee.

    Case Number: S12G1110

    The aspirational statement of Congressional policy expressed in 15 U.S.C. § 6801 subsection a regarding the obligation of a financial institution to respect the privacy of its customers does not pro

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  • Board of Regents of the Univ. Sys. of Ga. v. Barnes

    Publication Date: 2013-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Oscar Fears, Assistant Attorney General, and Julie Jacobs Attorney General's Office, Atlanta, for appellant.
    for defendant: Cary Wiggins Wiggins Law Group, Atlanta, for appellee.

    Case Number: A13A0473

    Sovereign immunity barred the plaintiff's breach of contract claims seeking damages related to his expulsion from a state unive

  • Wellstar Health Sys. Inc. v. Jordan

    Publication Date: 2013-05-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Henry D. Green Jr., Mary P. Adams, and Daniel J. Moriarty Green & Sapp LLP, Atlanta, for appellant.
    for defendant: . Amicus Appellants: Hunter S. Allen Jr., Simuel F. Doster Jr. Allen, McCain & O'Mahony PC, and Jason E. Bring Arnall Golden Gregory LLP, Atlanta. Meri K. Benoit and Thomas W. Malone Malone Law Office, Atlanta, for appellees. Amicus Appellees: Gary P. Bunch, Carrollton.

    Case Number: S12G1629

    The trial court erred in granting a medical malpractice plaintiff's motion to compel the production of transcripts of ex parte physician interviews defense counsel conducted pursuant to a qualified

  • Agnes Scott College v. Hartley

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Brian Trulock Bendin Sumrall & Ladner LLC, Atlanta, for appellant.
    for defendant: . Lloyd Bell Bell Law Firm, Atlanta, for appellee. Amicus Curiae: Jenna Colvin FSB Fisher Broyles LLP and Robert Marcovitch Weinberg Wheeler Hudgins Gunn & Dial LLC, Atlanta.

    Case Number: A12A1989

    Law enforcement officers employed by private colleges and universities are entitled to official immunity, since they act on behalf of the state in investigating alleged c

  • Facility Invs. LP v. Homeland Ins. Co. of N.Y.

    Publication Date: 2013-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Scott Bertschi Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: . Kenan Loomis Cozen O'Connor, Atlanta, for appellee.

    Case Number: A12A2377

    The insurance company waived its right to recoup amounts it paid to resolve claims against the insured that were not covered under the insurance policy when it made the payment with knowledge of the

  • Padgett v. Baxley & Appling Cnty. Hosp. Auth.

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Neal Graham Buzzell Graham & Welsh LLP, Macon, for appellant.
    for defendant: Erica Jansen and Randolph Powell Huff, Powell & Bailey LLC, Atlanta, for appellee.

    Case Number: A12A1902

    A genuine issue of material fact remained as to whether there was a causal link between the plaintiff's allegations that a certified nursing assistant at her mother's nursing home used a shower cha