• Estate of Shannon v. Ahmed

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Terrence A. Shannon, Porterdale, for appellant.
    for defendant: . Kirby G. Mason Hunter, Maclean, Exley & Dunn PC, Joseph P. Brennan, B. Nicole Smith Brennan & Wasden LLP, Christopher L. Ray Oliver Maner LLP, Savannah, and Michael G. Frick Hall, Booth, Smith & Slover PC, Brunswick, for appellees.

    Case Number: A10A0917

    The plaintiffs complaint adequately pled fraud, battery and wrongful death against doctors and others involved in the decedent's care, after the decedent twice aspirated, biting off a portion of his

  • Dupree v. Dupree

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kelli A. Devaney-Jackson, Dublin, for appellant.
    for defendant: Francis M. Lewis, Dublin, for appellee.

    Case Number: S10F0516

    The trial court erred in ordering the husband to maintain the minor child's health insurance, without including that expense in calculating his child support oblig

  • State of Ga. ex. rel. Doyle v. Frederick J. Hanna & Assocs. PC

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, Jeffrey W. Stump and Amy C. M Burns, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Michael J. Bowers, J. Matthew Maguire Jr. and Marlie A. McDonnell Balch & Bingham LLP, Atlanta, for appellee.

    Case Number: S10A0397

    The Administrator of the Fair Business Practices Act of 1975's investigative demand, which he issued to a law firm seeking to collect debts on behalf of creditors, was an improper attempt to regulat

  • Baker v. Wellstar Health Sys. Inc.

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jason R. Manton The Manton Law Firm LLC, Cumming, for appellant.
    for defendant: . Henry D. Green Jr. and Mary P. Adams Green & Sapp LLP, Atlanta, for appellees. Amicus Appellants: Traci G. Courville Oates & Courville, Columbus, and J. Marcus E. Howard Pope & Howard PC, Atlanta. Amicus Appellees: Thomas S. Carlock Eric J. Frisch Carlock, Copeland, Semler & Stair LLP, Brian W. Looby, Donald J. Palmisano Jr. Medical Ass'n of Ga., Simuel F. Doster Jr. and Hunter S. Allen Jr. Allen, McCain & OMahoney PC, Atlanta.

    Case Number: S10A0994

    O.C.G.A. § 24-9-40 a provides that a plaintiff waives his right to privacy with regard to medical records only insofar as they are relevant to a medical condition, which the plaintiff places at iss

  • Holmes v. Roberson-Holmes

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Vic B. Hill and Brad E. MacDonald Hill-MacDonald LLC, Marietta, for appellant.
    for defendant: Stacey M. Cameron, Lilburn, for appellee.

    Case Number: S10F0130

    Since the trial court granted the parties' divorce on the ground that the marriage was irretrievably broken, the husband could not show harm from service of the wife's amended complaint, adding alle

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  • Hillis v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Attilio J. Balbo Balbo & Gregg, Richmond Hill, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Ronald J. Poirier District Attorney's Office, Hinesville, for appellee.

    Case Number: A10A0285

    The trial court did not err in denying the defendant's motion to modify his sen because his reassignment to another facility was not an increase in his sen

  • Northeast Ga. Med. Ctr. Inc. v. Winder HMA Inc.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert D. Alexander Jr. Davidson, Hopkins & Alexander, Jefferson, Armando L. Basarrate II, David L. Fenstermacher Parker, Hudson, Rainer & Dobbs, Thurbert E. Baker, Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Northeast Ga. Med. Ctr. in A09A2210. Michael J. Bowers, Christopher S. Anulewicz and Malissa A. Kaufold-Wiggins Balch & Bigham LLP, Atlanta, for Winder HMA Inc. in A09A2210 and A09A2211. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Georgia Dep't of Community Health in A09A2211.
    for defendant:

    Case Number: A09A2210; A09A2211

    The Department of Community Health had a rational basis for granting a medical center's application for a CON for a proposed hos

  • Tucker Nursing Center Inc. v. Mosby

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Christopher B. Freeman and Walter H. Bush Jr. Carlton Fields PA, Atlanta, for appellant.
    for defendant: Benjamin A. Land Buchanan and Land, Columbus, for appellee.

    Case Number: A09A1756

    The trial court did not err in admitting the decedent's medical bills, because the bills were due entirely to the decedent's alleged ulcer and resulting complica

  • MCG Health Inc. v. Owners Ins. Co.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: David E. Hudson Hull Towill Norman Barrett & Salley, Augusta, for appellant.
    for defendant: Michael C. Kendall Talley, French & Kendall PC, Douglasville, Harry D. Revell Nicholson Revell LLP and David B. Bell Bell & Bell Assocs., Augusta, for appellee.

    Case Number: A09A1817

    A provider's hospital lien was invalid, because it was not secured by any debt, even though the provider had the right to file a lien under O.C.G.A. § 44-14-470 b, since the provider's contract with

  • Atlanta Oculoplastic Surgery PC v. Nestlehutt

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan C. Peters, Melissa B. Johnson Peters & Monyak LLP, Thomas S. Carlock and Eric J. Frisch Carlock Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Michael B. Terry, Sarah M. Shalf Bondurant, Mixson & Elmore LLP, James D. Summerville The Bird Law Group PC, Frank A. Ilardi Houck, Ilardi & Regas LLC and Rosser A. Malone, Atlanta, for appellees.

    Case Number: S09A1432

    The damage cap in O.C.G.A. § 51-13-1 unconstitutionally infringed upon the right to a jury trial, because it undermined the jury's basic function as factfinder by nullifying any portion of a jury's