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  • Vasudeva v. Dagnew et al.

    Publication Date: 2021-09-03
    Practice Area: Dispute Resolution | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Gary Freed, Thomas Grant, (Freed Grant, LLC), Atlanta, for Appellant.
    for defendant: Ramsey Knowles, (Taylor English Duma LLP), Atlanta, Jared Hodges, (Knowles Gallant LLC), Atlanta, for Appellee.
    Case Number: A21A0866

    Court reverses order that dismissed a lawsuit and compelled arbitration after concluding that an arbitration clause was unenforceable because it was not initialed

  • Omnitech Institute, Inc. et al. v. Norwood

    Publication Date: 2021-08-02
    Practice Area: Dispute Resolution
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Todd Pearson, Regina Molden, (Molden, & Holley, LLC), Atlanta, for appellant.
    for defendant: Steven Wolfe, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellee.
    Case Number: A21A0294

    Court reverses denial of motion to compel arbitration, finding that trial court erred in applying effective vindication defense regarding plaintiff's inability to afford costs

  • West et al. v. Bowser et al.

    Publication Date: 2021-07-27
    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 reverses order compelling arbitration in a wrongful death matter because decedent's guardian did not have authority to sign a pre-dispute arbitration agreement.

  • Coin-Op Solutions, LLC v. Metro Carrollton Corporation, et al.

    Publication Date: 2021-07-23
    Practice Area: Dispute Resolution
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jonathan Hawkins, (Law Firm GC (Hawkins), LLC), Atlanta, for appellant.
    for defendant: Steven Kushner, Joseph Hart, (Fellows LaBriola LLP), Atlanta, for appellee.
    Case Number: A21A0010

    Coin operated amusement machine provider followed improper procedure to appeal an arbitration award, but retailers have a basis to seek confirmation of the award

  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement

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  • Hillcrest Foods, Inc. v. Mikeals

    Publication Date: 2021-06-15
    Practice Area: Dispute Resolution
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Walter Bibbins, Brittanie Browning, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Thomas Ashenden, (Ashenden & Associates, P.C.), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee.
    Case Number: A21A0126

    Court dismisses appellant's appeal to its petition to stay or consolidate arbitration proceedings, finding it had no jurisdiction to hear an appeal

  • Jhun et al. v. Imagine Castle, LLC et al.

    Publication Date: 2021-03-30
    Practice Area: Dispute Resolution
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jon David Huffman, (Poole Huffman, LLC), Tucker, for appellant.
    for defendant: Imagine Castle, LLC et al., Alpharetta, Patricia Hughes, Alpharetta, Alfred Hughes, Alpharetta, for appellee.
    Case Number: A20A1724

    Court affirms order compelling arbitration of contract claims and staying other proceedings notwithstanding claims of enforceability of contract under public policy

  • Grand Canyon Education, Inc. v. Ward

    Publication Date: 2021-03-18
    Practice Area: Class Actions | Dispute Resolution | Education Law
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Derin Dickerson, Kristen Bromberek, (Alston & Bird LLP), Atlanta, for appellee.
    for defendant: G. Lemond, Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for other party.
    Case Number: A20A1894

    Federal Regulations Prohibited Enforcement of Arbitration Clause in Online College's Enrollment Agreement

  • Epps et al. v. Rockmo Entertainment, LLC

    Publication Date: 2020-12-24
    Practice Area: Dispute Resolution
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mark Adelman, (Mark Adelman, Attorney at Law, LLC), Savannah, for appellant.
    for defendant: Tanya Graham, (The Law Office of Tanya Mitchell Graham, P.C.), Atlanta, for appellee. Derek Wright, (Derek M. Wright LLC), Atlanta, Johnnie Cabbell & New Era Talent Agency, Atlanta, for Other Party.
    Case Number: A20A1132

    Court affirms that a defendant waived a contractual right to arbitration by refusing to pay arbitration fees

  • EPPS et al. v. Rockmo Entertainment, LLC

    Publication Date: 2020-12-08
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mark Adelman, (Mark Adelman, Attorney at Law, LLC), Savannah, for appellant.
    for defendant: Tanya Graham, (The Law Office of Tanya Mitchell Graham, P.C.), Atlanta, for appellee. Derek Wright, (Derek M. Wright LLC), Atlanta, (Johnnie Cabbell & New Era Talent Agency), Atalnta, for other party.
    Case Number: A20A1132

    In Breach of Contract Action, Appellants' Refusal to Pay Their Portion of Arbitrators' Fees Waived Their Right to Arbitration