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Tenet Healthsystem GB, Inc. v. Thomas
Publication Date: 2018-08-14
Practice Area: Civil Procedure | Medical Malpractice
Industry: Automotive | Health Care
Court: Georgia Supreme Court
Judge: Chief Justice Hines
Attorneys:
For plaintiff: Leah Ward Sears, Edward H. Wasmuth Jr. (Smith, Gambrell & Russell, LLP), Atlanta; Brian K. Mathis (Huff Powell & Bailey LLC), Atlanta, for appellant.
For defendant: Robin N. Loeb, Anne H. Coolidge-Kaplan (Garland, Samuel & Loeb, PC.), Atlanta, for appellee. Layne Zhou, Hunter S. Allen Jr. (Allen & McCain PC), Atlanta, for amicus appellant. Charles Madden Cork III, Decatur, for amicus appellee. Eric Jeffrey Frisch, Claire A. Sumner (Carlock, Copeland & Stair, LLP), Atlanta; Michael Scott Bailey, David Donald Mackenzie (Huff, Powell & Bailey, LLC), Atlanta, for other party.
Case number: S17G1021

Claim In Second Amended Complaint Imputing Simple Negligence Against Hospital Related Back to Original Malpractice Complaint

A18A0315. Hartry et al. v. Ron Johnson Jr. Enterprises, Inc. et al.
Publication Date: 2018-08-01
Practice Area: Civil Procedure | Personal Injury
Industry: Transportation
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Michael Warshauer, Trent Shuping (Warshauer Law Group PC), Atlanta, for appellant.
For defendant: Eileen Crowley, Amanda Smith (Hall Bloch Garland & Meyer LLP), Atlanta; Richard Foster, Elizabeth Bentley (Carlock Copeland & Stair LLP), Atlanta; Michael Baumrind, Frank Lowrey (Bondurant Mixson & Elmore LLP), Atlanta; Laurie Daniel, Matthew Friedlander (Holland & Knight LLP), Atlanta, for appellee. Christopher Jordan (Hunter Maclean), Brunswick, for amicus curiae.
Case number: A18A0314

Railroad Employee's FELA Action Against Employer Following Collision Not Precluded by Federal Grade Crossing Regulations

Stapler v. Boling et al.
Publication Date: 2018-07-27
Practice Area: Business Torts | Civil Procedure
Industry: Legal Services
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Kevin Buice (Kevin B. Buice LLC), Carrollton, for appellant.
For defendant: David Bills (David S. Bills PC), Atlanta; Diane Sternlieb (Attorney at Law), Carrollton, for appellee. Johannes Kingma (Carlock Copeland & Stair LLP), Atlanta, for other party.
Case number: A18A0374

Professional Negligence and Abusive Litigation Claims Failed Based on Res Judicata and Failure of Notice

Anglin et al. v. Smith et al.
Publication Date: 2018-07-26
Practice Area: Discovery | Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Bethel
Attorneys:
For plaintiff: Sidney Moore (The Moore Law Firm P.C.), Atlanta; Render Freeman, Kenneth Bentley (Anderson Tate & Carr PC), Duluth, for appellant.
For defendant: Wade Copeland (Carlock Copeland & Stair), Atlanta, for appellee.
Case number: A16A1405

Medical MalpracticePlaintiff Could Not Use Affidavit to Refresh Witness's Recollection After Failing Pretrial Duty to Disclose

Jones v. Federated Mutual Insurance Company
Publication Date: 2018-07-18
Practice Area: Insurance Law
Industry: Automotive | Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Paul Ayerbe (Ayerbe & Cowart), Macon, for appellant.
For defendant: Charles McDaniel, Ryan Kolb (Carlock Copeland & Stair LLP), Atlanta, for appellee. Rashod Lamar, Macon, for other party.
Case number: A18A0039

Drivers Who Were Injured While Driving Auto Dealership's Car Were Validly Excluded From Dealership's Uninsured Motorist Coverage

July 09, 2018 | Daily Report Online

Swift Currie Adds 25th Lawyer This Year as Litigation Defense Stays Hot

With 140 lawyers, Swift Currie is now the biggest litigation-only firm in Atlanta.
2 minute read
June 20, 2018 | Daily Report Online

Settlement Ends Columbus Legal-Mal Trial Over Bill Heard Family Trusts

The settlement is the second one involving claims that now-defunct Columbus firm Hatcher, Stubbs, Land, Hollis & Rothschild and former partner Barry Vaught mishandled trusts worth tens of millions of dollars set up to benefit two scions of the Bill Heard Chevrolet franchise, which itself folded after declaring bankruptcy in 2008.
5 minute read
June 08, 2018 | Daily Report Online

On the Move: Burr & Forman Lifts Five Lawyers From Stites

Burr & Forman added a quintet of lawyers from Stites & Harbison—including three partners—to its creditors rights and labor and employment practices.
2 minute read
Moody et al. v. Hill, Kertscher & Wharton, LLP et al.
Publication Date: 2018-05-15
Practice Area: Legal Ethics and Attorney Discipline | Legal Malpractice
Industry:
Court: Georgia Court of Appeals
Judge: Judge Andrews
Attorneys:
For plaintiff: Bret Moore, Douglas Chandler (Chandler & Moore Law LLC), Atlanta, for appellant.
For defendant: Mark Rogers, Johannes Kingma (Carlock Copeland & Stair LLP), Atlanta, for appellee. Gregory Digel, Matthew Friedlander (Holland & Knight LLP), Atlanta, for other party.
Case number: A18A1011

The trial court erred in denying plaintiffs' motion for protective order in their legal malpractice action in which defendants requested production of a non-party attorney's litigation files and correspondences with plaintiff, as there was no evidence of an implied waiver of the attorney-client privilege with regard to the third-party attorney.

Jordan v. Everson et al.
Publication Date: 2018-05-10
Practice Area: Civil Appeals | Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Eric Frisch, Claire Sumner (Carlock Copeland & Stair LLP), Atlanta, for appellant.
For defendant: Neal Howard (Neal H. Howard & Associates PC), Columbus; Simon Weinstein (Attorney at Law), Atlanta, for appellee. Carl Langley (Attorney at Law), Albany, for other party.
Case number: A16A1710

The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

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