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  • Brawner v. Marietta City Bd. of Educ.

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael E. Kramer and Shalini A. Patel Kramer & Thomas LLC, Atlanta, for appellant.
    for defendant: Clement C. Doyle Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, and Brett J. Thompson Campbell, Waller & Loper, Birmingham, Ala., for appellee.
    Case Number: A06A2133

    The trial court erred in ruling that a teacher's attendance at a pre-planning meeting for the 2004-2005 school year while on approved leave of absence granted by the local school board, because of t

  • Global Diagnostic Dev. LLC v. Diagnostic Imaging of Atlanta

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. Bowers and T. Joshua Archer Balch & Bingham LLP, Atlanta, for Global Diagnostic. John W. Ray Ray & Sherman, and David H. Flint Schreeder, Wheeler & Flint LLP, Atlanta, for Diagnostic Imaging. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Kimberly W. Schroer Attorney General's Office, Atlanta, for Georgia Department of Community Health. Leo E. Reichert, Thomas D. Watry and John H. Parker Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, for Northside Hospital.
    for defendant:
    Case Number: A06A1728; A06A1729; A06A1730; A06A1731

    The trial court erred in failing to give deference to the State Health Planning Review Board's final decision to grant a certificate of need to the first appellant to purchase the equipment and asse

  • Weil v. Paseka

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Marion T. Pope Jr. Hasty, Pope & Ball, Canton, and Jonathan J. Tuggle Warner, Mayoue, Bates & Nolen PC, Atlanta, for appellant.
    for defendant: Elizabeth G. Lindsey Davis, Matthews & Quigley, and Rebecca L. Crumrine Carter & Ansley LLP, Atlanta, for appellee.
    Case Number: A06A1273

    The trial court erred in failing to note on the record whether the additional support obligations imposed on the mother-the costs involved with court-ordered supervised visitation and the child's he

  • Migmar Inc. v. Williams

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Deborah L. Leslie The Leslie Group LLC, Jonesboro, for appellant.
    for defendant: Allan E. Alberga, Atlanta, for appellee.
    Case Number: A06A0973

    No evidence supported the defendant's contention that a motion for summary judgment was pending, with the trial court entered default judgment against it in the plaintiff's suit to recover money she

  • Mariner Health Care Inc. v. PricewaterhouseCoopers LLP

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. McConnell, Joseph E. Finley, David C. Kiernan and G. Lee Garrett Jones Day, Atlanta, for appellant.
    for defendant: John A. Chandler, Elizabeth V. Tanis and Drew D. Dropkin Southerland, Asbill & Brennan, Atlanta. Other party representation: Jill Pryor, Jeffrey O. Bramlett Bondurant, Mixson & Elmore, Peter Q. Bassett, Mary C. Gill Alston & Bird, Elizabeth T. Baer Meadows, Ichter & Bowers, Atlanta, and Jason L. Crawford Dougherty, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: A06A1372

    The plaintiff should have been allowed to voluntary dismiss its suit claiming that the defendant/auditor caused another company, which acquired and merged with the plaintiff, to purchase the plainti

  • Law Journal Press | Digital Book

    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Unified Gov't of Athens-Clarke County v. McCrary

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Andrew H. Marshall Begnaud & Marshall LLP, Athens, and Michael A. O'Quinn O'Quinn & Cronin, McDonough, for appellant.
    for defendant: M. Eric Eberhardt Eberhardt & Hale LLP, Athens, for appellees.
    Case Number: S06A1287

    The trial court erroneously misconstrued "level of coverage" in regard to the applicable employment contracts as entitling the retired employees to receive to receive health coverage pursuant to the

  • Wells v. Rogers

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dale C. Ray Jr. and Eugene P. Chambers Jr. Chambers, Aholt & Rickard LLP, Atlanta, for appellant.
    for defendant: Thomas S. Carlock Carlock, Copeland, Semler & Stair, Atlanta, and Eric J. Frisch Carlock, Copeland, Semler & Stair, Columbus, for appellees.
    Case Number: A06A1531

    The defendants were immune from suit for negligence occurring during their treatment of the decedent for post-operative complications, since their treatment of the decedent as a whole was voluntary

  • McDaniel v. City of Griffin

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frank E. Jenkins III and Brandon L. Bowen Jenkins & Olson PC, Cartersville, for appellant.
    for defendant: . Andrew J. Whalen III Mullins & Whalen, Griffin, for appellee.
    Case Number: A06A1333

    The tri rt erred in awarding prejudgment interest at the rate of 1.5 percent per month in a case involving a city's right to collect a sewer connection fee, since the statute under which the tr

  • Mitchell v. Georgia Dep't of Community Health

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Claire C. Murray, Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, James W. Boswell III, Misty M. Speake King & Spaulding, Michael R. Hurst Blue Cross & Blue Shield of Ga. Inc., and David C. Will Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellees. Other party representation: Michelle K. McDonald and Toni Castel Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    Case Number: A06A1073

    The plaintiff received actual notice prior to her surgery that the provider was not in her PPO provider

  • Brown v. Tift County Hosp. Auth. d/b/a Tift Reg'l Med. Ctr.

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert M. Beauchamp Beauchamp & Assocs., Albany, for appellant.
    for defendant: Robert C. Wilmot Reinhardt, Whitley, Wilmot & Summerlin PC, Tifton, and Robert P. White, Atlanta, for appellees.
    Case Number: A06A0609

    Although the plaintiff patient failed to file an expert affidavit pursuant to O.C.G.A. § 9-11-9.1, the trial court erred in granting summary judgment defendant licensed occupational therapist