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  • Sidlow v. Lewis

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Roger E. Harris and Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: . H. Harold Chambers Jr., Rome, Charles F. Fenton III, Kennesaw, and Jay Grife, Jacksonville, Fla., for appellee.
    Case Number: A04A1437

    The continuous treatment doctrine was inapplicable where the plaintiff filed his complaint within two years of his last visit to the defe

  • Security Life Ins. Co. of Am. v. St. Paul Fire & Marine Ins. Co.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Barwick, Teresa W. Roseborough and Carl W. McMillan Sutherland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Sidney S. Haskins II, Benjamin F. Easterlin IV, Byron Attridge King & Spalding, Hardy Gregory Jr. Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP and J. Alexander Porter Porter, Orrison & Doster LLP, Atlanta,
    Case Number: S04G0322

    The Court of Appeals erred in ruling that an Unliquidated Damages Interest Act, O.C.G.A. § 51-12-14 UDIA, determination should be made on an award of compensatory damages augmented by a variety of o

  • Henderson v. Gandy

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Venker, Andrew R. Kirschner Kirschner & Venker PC, Atlanta, and Michael W. McElroy, Peachtree City, for appellant.
    for defendant: . Paul E. Weathington, Robert T. Strang III, Simuel F. Doster Jr. Allen & Weathington PC, Jeffrey D. Braintwain Huff, Powell & Bailey LLC, Brynda R. Insley Insley & Race, and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A1478

    Georgia's Fair Business Practices Act does not apply to private transac

  • Richards v. Georgia Dep't of Community Health

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael J. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Joel M. Grist Jr. Grist & Brock LLP, Macon, for appellants. Thurbert E. Baker, Attorney General, and Laura W. Hyman, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: David A. Webster, Atlanta.
    Case Number: S04A0866

    The Georgia Department of Community Health has a lien on all funds recovered by Medicaid recipients in a tort action, not just the portion of a tort re that is specifically denominated as a r

  • Colvard v. Mosley

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John S. Husser, Rome, for Colvard. Sean L. Hynes Downey & Cleveland, Marietta, for Mosley.
    for defendant:
    Case Number: A04A1804; A04A1805

    As a matter of law, the plaintiffs could not recover their expenses for medical tests performed by a chiropractor, where such tests were outside the scope of chiropractic care as defined by O.C.G.A.

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    Constangy’s Field Guide to The Family Medical Leave Act 2014

    Authors: Michael D. Malfitano

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  • Milner v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Barry V. Smith and Bret E. Rudeseal, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A04A1530

    The court's violation of O.C.G.A. § 17-8-57 did not seriously affect the integrity of the judicial proceedings where the court attempted to protect the pro se defendant's right to a fair

  • Board of Tax Assessors of Ware County Ga. v. Baptist Village Inc.

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Huey W. Spearman, Waycross, for appellant.
    for defendant: . Thomas C. James III, Stephen L. Dillard James, Bates, Pope & Spivey, Macon, and Vann K. Parrot Long & Denton, Quitman, for appellee.
    Case Number: A04A1215

    The trial court properly determined that appellee's independent-living units were entitled to the same home for the aged ad valorem property tax exemption under O.C.G.A. § 48-5-41 a 12 as its assist

  • Byron v. State

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Sharla D. Jackson, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A1892

    The defendant's sentence of 20 years to serve 15 after he was found guilty but mentally ill of voluntary manslaughter was within the statutory

  • Blake v. RGL Assocs. Inc.

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas J. Lee, St. Simons Island, for appellant.
    for defendant: . William T. Ligon, Brunswick, for appellees.
    Case Number: A04A0165

    A parole license became a permanent easement running with the land due to plaintiff's predecessor-in-interest's expenditure of capital to improve the pro

  • Thurman v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jerry B. Hatcher, Alpharetta, for appellant.
    for defendant: . Ambadas B. Joshi Sharon W. Ware & Assocs., and William S. Sutton McLain & Merritt PC, Atlanta, for appellees.
    Case Number: S03G1102

    A federal employee was entitled to underinsured motorist benefits where the tortfeasor's liability coverage, when reduced by subrogation claims paid by federal mandate, was less than the plaintiff's