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  • Coleman v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2018-03-29
    Practice Area: Contractual Disputes | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc), Marietta; Jeffrey Braintwain, Brian Mathis, Christian Dennis, Emaly Arndt (Huff Powell Bailey, LLC), Atlanta; Jason Bring, Alexander Foster (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A18A0358

    Advance Directive For Health Care Did Not Authorize Representative to Sign Nursing Home's Arbitration Agreement

  • Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

    Publication Date: 2018-03-23
    Practice Area: Civil Appeals | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Rebecca Strickland, Michael Schroder (Swift, Currie, McGhee & Hiers, LLC), Atlanta; Mark VanderBroek, George Ray (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Brian Schleicher (Attorney at Law), Alpharetta, for appellee.
    Case Number: A17A1859

    Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).