• Adams et al. v. Piedmont Henry Hospital, Inc. et al.

    Publication Date: 2022-10-03
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Thomas Trask, (Trask Law Firm), Atlanta, for appellant.
    for defendant: Timothy Bendin, Anam Justus, (Bendin Sumrall & Ladner, LLC), Atlanta, Sharonda Boyce, Zachary Fuller, (Huff Powell Bailey, LLC), Atlanta, for appellee.

    Case Number: A22A0990

    Court reverses summary judgment for hospital in a medical malpractice/wrongful death case and revises trial court rulings on admission of expert testimony.

  • Vaughn v. Vaughn

    Publication Date: 2022-09-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Austin Buerlein, (Elovitz, Edwards, O’Nan & Buerlein, LLC), Atlanta, for appellant.
    for defendant: Anthony Zezima, (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A22A0621

    Court reverses trial court's impermissible modification of a divorce settlement decree but affirms award of certain costs due to concessions made by husband's lawyer

  • Hughes v. The State

    Publication Date: 2022-09-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Christopher Arnt, Elizabeth Evans, (Assistant District Attorney), Lafayette, for appellee.

    Case Number: A22A0991

    Court affirms convictions for aggravated assault over defendant's claims of ineffective assistance of counsel in relation to his insanity defense

  • Howell et al. v. Cochran

    Publication Date: 2022-09-12
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Paul Weathington, David Hanson, Elizabeth Linginfelter, (The Weathington Firm), Atlanta, for appellant.
    for defendant: Charles Brant, (Colom and Brant), Atlanta, for appellee.

    Case Number: A22A0913

    Court affirms denial of defendants' motion for summary judgment in a medical malpractice case, finding that testimony from plaintiff's expert was properly admitted

  • West et al. v. Bowser et al.

    Publication Date: 2022-09-09
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lance McCoy, (The McCoy Law Firm), Cartersville, Robert Walker, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, David Hayes, (Attorney at Law), Atlanta, Kathleen Simcoe, (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta, for appellee.

    Case Number: A21A0055

    Court affirms order compelling arbitration in a wrongful death matter and determines that the underlying arbitration agreement is enforceable.

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Mayorga v. Benton

    Publication Date: 2022-08-04
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jonathan Grunberg, Nicole Wade, George Wilson, (Wade, Grunberg & Wilson, LLC), Atlanta, for appellant.
    for defendant: Douglas Clayton, Leah Parker, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellee; Mark Scott, (Fain, Major & Brennan, P.C.), Atlanta, for other party.

    Case Number: A22A0316

    Court reverses dismissal of emotional distress claim and affirms dismissal of negligence claim by a father in a same-sex marriage whose daughter committed suicide

  • Oliver v. The State

    Publication Date: 2022-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Anthony Oliver, (Augusta State Medical Prison), Grovetown, for appellant.
    for defendant: Shalena Jones, (Eastern Judicial Circuit), Savannah, Donna Sims, (Assistant District Attorney), Savannah, for appellee.

    Case Number: A22A0254

    Court reverses conviction for aggravated stalking because the State failed to prove venue, but affirms convictions for attempted stalking and making a false statement

  • Smith v. Hi-Tech Pharmaceuticals, Inc.

    Publication Date: 2022-07-22
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Harman, Eric Fredrickson, (Harman Law Firm LLC), Atlanta, Christopher Nidel, (Nidel & Nace, PLLC), Rockville, for appellant.
    for defendant: Eileen Rumfelt, Atlanta, Meredith Lee, Robert Parsley, C. Townsend, (Miller & Martins), Chattanooga, for appellee.

    Case Number: A22A0170

    Consumer's Harmful-Ingredient Claim Against Food Supplement Manufacturer Raised Issues Within Primary Jurisdiction of FDA

  • Hart v. Phung et al.

    Publication Date: 2022-07-15
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alexander Hait, (Hait Law Offices), Woodstock, Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, Kimberly Stevens, (Attorney at Alw), Atlanta, Jeffrey Adams, (Hawkins Parnell & Young LLP), Atlanta, for appellee.

    Case Number: A22A0528

    Court affirms order excluding expert testimony outside of expert's area of expertise in a car accident case, and reverses summary judgment award due to questions of fact

  • Bronner v. The State

    Publication Date: 2022-07-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Kathleen Strang, (Self/GPDC Appellate Contractor), Albany, for appellant.
    for defendant: Melinda Wynne, Gregory Edwards, (District Attorney's Office, Dougherty Judicial Cir), Albany, for appellee.

    Case Number: A22A0491

    Trial Court Erred by Failing to Give Curative Instruction After Prosecutor's Prejudicial Closing Argument