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December 08, 2023 | Daily Report Online

Georgia Doctor Claims COVID-19-Related Immunity in Appeal of Med-Mal Lawsuit

"[The defendant] is speciously trying to apply immunity for truly frontline workers to himself and trying to speciously apply Emory [Johns Creek Hospital]'s arbitration agreement for his conduct," plaintiff attorney Adam Malone said. "The trial court and appeals court rejected both of those arguments, [saying] they're not applicable to him."
7 minute read
December 04, 2023 | Daily Report Online

'A Defendant Who Deserves to Lose': Firms Join Forces, Secure $40M Settlement Against GDOT

"There's nothing more satisfying than winning big against a defendant who deserves to lose," said plaintiff co-counsel Jeb Butler of Butler Kahn in Atlanta. "I just wish it hadn't taken four years."
8 minute read
December 01, 2023 | Daily Report Online

Indigent Defense Gets a New Leader: Zanele Ngubeni to Take Over Gideon's Promise

"I know how difficult it is to try to navigate our 'systems' and dispel people's judgments in order to survive," said Zanele Ngubeni, incoming Gideon's Promise executive director.
6 minute read
Resurgens, LLC et al. v. Ervin et al.
Publication Date: 2023-11-23
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Michael Bailey, Randolph Powell, Mikell Reynolds, Devon Zawko, Alexander Vey, (Huff Powell and Bailey), Atlanta, for appellant.
For defendant: Meri Benoit, Rosser Malone, (Malone Law Officde), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Michelle King, (Speed & King LLC), Atlanta, for other pary.
Case number: A23A0892

Court affirms denial of defendants' motion to dismiss a medical malpractice action, finding that they were not immune from liability under the COVID-19 Pandemic Emergency Executive Order

Tracy Garner et al. v. Acadia Healthcare Company, Inc. et al.
Publication Date: 2023-11-20
Practice Area: Wrongful Death
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Naveen Ramachandrappa, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, Matthew Cathey, (Cathey & Strain. LLC), Cornelia, Brian Blankenship, Las Vegas, Joshua K Conaway, Albuquerque, for appellant.
For defendant: Daniel Huff, Randolph Powell, Eric Wilder, Alexander Vey, (Huff, Powell & Bailey, LLC), Atlanta, Y. Williams, Anna Idelevich, Michael Weathington, (Weinberg Wheller Hudgins Gunn & Dial), Atlanta, for appellee.
Case number: A23A1090

Court upholds dismissal of wrongful death claim due to lack of standing over a question of whether the plaintiffs were able to allege that an individual had died

Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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State of Georgia v. Sistersong Women of Color Reproductive Justice Collective et al.
Publication Date: 2023-11-20
Practice Area: Tax
Industry:
Court: Georgia Supreme Court
Judge: Justice Colvin
Attorneys:
For plaintiff: Ross Warren Bergethon, Christopher M. Carr, Stephen John Petrany, (Department of Law), Atlanta, for appellant.
For defendant: Tiana Scogin Mykkeltvedt Michael Brian Terry, Jane D. Vincent, Laurie Ann Taylor, Amber Danielle Greenaway, (Bondurant Mixson & Elmore, LLP), Atlanta, Julia Blackburn Stone, Sarah Brewerton-Palmer, Katherine Wheeler Gamsey, (Caplan Cobb LLC), Atlanta, Cory H. Isaacson, Nneka Ewulonu, (ACLU of Georgia), Atlanta, Julia Kaye, Brigitte Amiri Rebecca Chan, Johanna Zacarias, (American Civil Liberties Union Foundation, Inc.), New York, Kyla Eastling, (Planned Parenthood Federation of America), New York, Jiaman Alice Wang, Cici Coquillette, (Center for Reproductive Rights), New York, for appellee; Thomas M. Fisher, Theodore E. Rokita, James A. Barta, (Office of the Attorney General), Indianapolis, for Neutral Amicus; Jennifer Nava Ide, Atlanta, Rebecca Lunceford Kolb, Katherine L. D’Ambrosio, Jennifer Virostko, (Councill, Gunneman & Chally, LLC), Atlanta, for Amicus Appellee.
Case number: S23A0421

Trial Court Erred in Finding LIFE Act Was Void Ab Initio Under Roe-Era Precedent That Controlled Prior to Recent Dobbs Ruling

October 16, 2023 | Daily Report Online

Slave Descendants Sue to Fight Zoning Changes They Say Threaten Their Island Homes Off Georgia Coast

The civil lawsuit was filed in McIntosh County Superior Court a month after elected county commissioners voted to double the size of houses allowed in Hogg Hummock, where a few dozen people live in modest homes along dirt roads on largely unspoiled Sapelo Island. Black residents fear larger homes in the community will lead to property tax increases that they won't be able to afford.
5 minute read
October 02, 2023 | Daily Report Online

$35M Verdict Affirmed: New Trial Denied for City in Wrongful-Death Case

"In light of applicable law, the testimony of Defendant's own witnesses at trial, and the verdict rendered by the jury ... there is sufficient evidence supporting the verdict," read Fulton County State Court Judge Jane Morrison's denial order.
4 minute read
September 29, 2023 | Daily Report Online

Georgia Lawyer, Law Firms Honored for Work With Crime Victims, in Civil Rights

The Bondurant Mixson & Elmore and Caplan Cobb firms were among those honored at the ACLU of Georgia's 60th anniversary celebration Thursday, and attorney Mel Hewitt received the 2023 Georgia Crime Victim Services Collaborative and Innovative Project Award from the Criminal Justice Coordinating Council (CJCC) for his work with Marsy's Law for Georgia.
3 minute read
September 26, 2023 | Insurance Coverage Law Center

Insurer's Refusal to Settle for Policy Limits Has Escalated into a $113M Jury Verdict

"There's no question that they're going to try to appeal," said plaintiff attorney Ben C. Brodhead of Brodhead Law.
6 minute read

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