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Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys: For plaintiff: Malissa Kaufold-Wiggins and Michael Bowers Balch & Bingham LLP, Atlanta, for appellant.
for defendant: Walter Elliott Elliott, Blackburn & Gooding PC, Valdosta, for appellees. Other party representation: Jeffrey Filipovits and Aubrey Villines, Atlanta.
Case Number: A12A0773
A vision care in s independent eye care provider agreement violated Georgia's Patient Access to Eye Care Act because it required independent providers to obtain prepared materials from the in
Publication Date: 2012-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Nancy Richardson, Frank Armstrong and Rustin Smith Stewart Melvin & Frost LLP, Gainesville, for appellant.
for defendant: Madeline Wirt Whelchel, Dunlap, Jarrard & Walker LLP, Gainesville, for appellee.
Case Number: A12A1508
The superior court was prohibited from addressing issues that the plaintiff had failed to litigate in the underlying administrative proce
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff:
for defendant:
Case Number: A12A0481; A12A0482
The trial court erred in awarding prejudgment interest at a greater rate than specified or requ
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: James Clifton The Clifton Law Firm LLC, Newnan, for appellant.
for defendant: . Andrew Gebhardt and John Webb Smith, Welch & Brittain, Stockbridge, for appellee.
Case Number: A12A0082
The trial court did not abuse its discretion in denying the defendant's motion to withdraw his admissions, since the motion was untimely, the defendant did not show that the admissions were incredib
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Davis K. Loftin, Jeffrey N. Mykkeltvedt Mykkeltvedt & Loftin LLC, Gilbert H. Deitch and Andrew T. Rogers Deitch & Rogers LLC, Atlanta, for appellant.
for defendant: Burke B. Johnson Buckley King LPA, Gainesville, for appellees. Amicus Appellant: Charles M. Cork III, Macon. Amicus Appellee: Jacob E. Daly and Sun S. Choy Freeman, Mathis & Gary LLP, Atlanta. Neutral Amicus: Thomas A. Eaton, Michael L. Wells University of Ga. Law Sch. and Andrew J. Hill III Blasingame Burch Garrard & Ashley PC, Athens.
Case Number: S12Q0625
A jury is allowed to apportion damages among a property owner and criminal assailant and jury charges or a special verdict form requiring such apportionment would not violate a plaintiff's constitut
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.
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Publication Date: 2012-07-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Mathew Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta, for appellant.
for defendant: Lloyd Hedrick Hedrick Law LLC, Atlanta, for appellee.
Case Number: A12A0622
The evidence created a jury question as to whether efendant voluntarily undertook a duty to keep her dogs away from plaintiff while she was in efendant's house providing medical services t
Publication Date: 2012-06-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: James Finkelstein, Albany, for appellant.
for defendant: Greg Edwards, District Attorney, Victoria Johnson, Albany, and Heather Lanier, District Attorney's Office, Bainbridge, for appellee.
Case Number: A12A0517
The trial court's error in overruling the defendant's objections to the prosecutor's statements from personal experience during closing argument and those the detective made during his testimony, di
Publication Date: 2012-06-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Laura Shamp, Atlanta, for appellant.
for defendant: Gregory Talley, Alphonso Howell and Wade Coleman Coleman Talley Newbern Kurrie Preston LLP, Valdosta, for appellees.
Case Number: A12A0703
The trial court reversibly erred in allowing a medical doctor to testify as an expert witness as to the standard of care for a midwife when the witness had not supervised, taught or instructe
Publication Date: 2012-06-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Barnes, Anne Elizabeth
Attorneys: For plaintiff: Wystan Getz, Decatur, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Margaret Benson, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A12A0465
The crimes of aggravated assault and aggravated battery did not merge for sentencing purposes because each offense required proof of a fact that the other offense did not and the crimes did not con
Publication Date: 2012-05-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys: For plaintiff: James Rawls and Darrell Solomon McKenna Long & Aldridge LLP, Atlanta, for appellant.
for defendant: Emmanuel West, Stone Mountain, for appellee.
Case Number: A12A0160
The defendant hospital was entitled to immunity pursuant to Georgia's peer review statute, O.C.G.A. § 31-7-132 a, on the plaintiff physician's claims for equitable r
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