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Avon Nursing and Rehabilitation v. Becerra
Publication Date: 2024-10-25
Practice Area: Regulation
Industry: Federal Government | Health Care
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Robert D. Sack
Attorneys:
For plaintiff: For Plaintiffs-Appellants: Michele Di Franco, on the brief, Brian Marc Feldman, Harter, Secrest & Emery, LLP, Rochester, NY.
For defendant: For Defendant-Appellee: Benjamin H. Torrance, on the brief, Christopher Connolly, Assistant United States Attorneys, for Damian Williams, United States Attorney for the Southern District of New York, New York, NY. For Amici Curiae, American Health Care Association and New York State Health Facilities Association, in support of Plaintiffs-Appellants: Alan C. Horowitz, on the brief, Arnall Golden Gregory LLP, Atlanta, GA, for Amicus Curiae, AMDA — The Society for Post-Acute and Long-Term Care Medicine, in support of Plaintiffs-Appellants. James F. Segroves, on the brief, Reed Smith LLP, Washington, DC.
Case number: 23-492

Complaint Probes Under 42 USC §1396r(g)(4) Not 'Surveys' Needing Registered Nurse

The Medical Center of Central Georgia, Inc. et al. v. Turner et al.
Publication Date: 2024-09-19
Practice Area: Medical Malpractice | Wrongful Death
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: John Hall, Jacquelyn Clarke, Austin Atkinson, Pearson Cunningham, Michael Profit, (Hall Booth Smith, P.C.), Atlanta, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
For defendant: Tracey Dellacona, (Dellacona Law Firm), Macon, Caleb Walker, Katherine McArthur, Lindsey Macon, (McArthur Law Firm), Macon, for appellee; Jason Bring, (Arnall, Golden, Gregory), Atlanta, William Rissler, (Attorney at Law), Atlanta, Lisa Churvis, (Waldon Adelman Castilla Heistand & Prout), Atlanta, for AM.
Case number: A24A0378

Court affirms $9.2 million jury verdict for medical malpractice and wrongful death, rejecting defendants' arguments as to causation and excess damages

Georgia Department of Community Health v. Houston Hospitals, Inc.
Publication Date: 2024-08-06
Practice Area: Administrative Law
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Attorney General), Atlanta, Jeffrey Stump, Chelsea Harvey, (Georgia Department of Law), Atlanta, for appellant.
For defendant: Jason Bring, (Arnall, Golden, Gregory), Atlanta, Michael Gray, (Walker, Hulbert, Gray & Moore, LLP), Perry, for appellee; Kathlynn Polvino, (KBP Law, P.C.), Atlanta, for other party.
Case number: A24A0424

Court affirms denial of certificates of need for a proposed freestanding emergency healthcare department

In re Estate of Anne Smith Florance, Deceased
Publication Date: 2024-03-21
Practice Area: Civil Procedure | Trusts and Estates
Industry:
Court: Georgia Court of Appeals
Judge: Judge Fuller
Attorneys:
For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
For defendant: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, Valerie Mincey, Chipley, Desiree Polmear, Tampa, Melanie Allen, Panama City, for appellee.
Case number: A23A1491

Court reverses trial court decision that had denied a motion to reject a niece's standing to contest a will, finding that she had no pecuniary interest in the decedent's estate and therefore had no standing

Green et al. v. Pinnix et al.
Publication Date: 2023-08-14
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
For defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee; Georgia Hospital Association, Inc. et al., Atlanta, Jason Bring, (Arnall, Golden, Gregory), Atlanta, for AM.
Case number: A23A0547

Court reverses an order finding that a defendant had violated HIPAA, concluding that the transmission of medical records to a treating doctor was not a HIPAA violation

Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. f/k/a Tampa Tank Inc. et al.
Publication Date: 2023-06-23
Practice Area: Contracts
Industry: Chemicals and Materials
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: Jonathan Tucker Barr, Andrew Clay Stevens, Natalie Cascario, David Lee Hobson, Jeffrey Young Lewis, (Arnall Golden Gregory LLP), Atlanta, Edwin W. King, Jr., (Edwin W. King, Jr., P.C.), Savannah, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
For defendant: Mike O’Neal Crawford, Swift S. Currie, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Cecily Joy McLeod, Kimberly Council Sheridan, (Gordon Rees Scully Mansukhani, LLP), Atlanta, for appellee; LaTisha Dear Jackson, (DeKalb County Superior Court), Decatur, for other party.
Case number: S23A0273

Court affirms dismissal of breach of warranty claims that were barred by the pre-amendment statute of repose

Titshaw et al. v. Geer et al.
Publication Date: 2023-06-14
Practice Area: Civil Procedure | Legal Malpractice
Industry: Legal Services
Court: Georgia Court of Appeals
Judge: Chief Judge Rickman
Attorneys:
For plaintiff: Michael Peacock, (Michael Peacock), Atlanta, for appellant.
For defendant: Christine Mast, Lauren Dick, (Hawkins Parnell & Young LLP), Atlanta, Donald Brown, William Story, Thomas Haswell, (Hall Booth Smith, PC), Atlanta, for appellee.
Case number: A23A0410

Continuous Relationship Rule Did Not Apply to Toll Statute of Limitations Period on Legal Malpractice Claim

Joint Development Authority of Jasper County, Morgan County, Newton County and Walton County v. McKenzie et al.
Publication Date: 2023-05-23
Practice Area: Land Use and Planning
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Andrea Gray, (Andrea P. Gray, LLC), Monroe, Robert Highsmith, Allison Dyer, Woodrow Vaughan, Keith Wiener, (Holland & Knight LLP), Atlanta, Robert Remar, (Rogers & Hardin LLP), Atlanta, Benjamin Brooks, Michael Eber, (Smith, Gambrell & Russell), Atlanta, Laura Flint, Atlanta, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Andrew Schutt, Atlanta, Henry Chalmers, (Arnall, Golden & Gregory), Atlanta, for appellant.
For defendant: John Christy, Scott Peters, Jonathan Akins, Stephen Mulherin, (Schreeder, Wheeler & Flint), Atlanta, for appellee; John Woodham, (Woodham Law, LLC), Atlanta,
Case number: A23A0574

Court reverses most parts of an order denying validation of revenue bonds that were proposed to be issued to fund a commercial development

Jackson County Board of Education v. City of Commerce Board of Education et al.
Publication Date: 2023-03-20
Practice Area: Education Law | Government
Industry: Education | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Edward Marshall, Henry Chalmers, Morgan Harrison, (Arnall Golden Gregory, LLP), Atlanta, for appellant.
For defendant: John Stell, (Stell, Smith & Mattison, P.C.), Winder, R. Syfan, (Hulsey, Oliver and Mahar, LLP), Gainesville, for appellee.
Case number: A22A1664

Educational Services Agreement Between County and City Education Boards Was Enforceable Intergovernmental Contract

Georgia Department of Community Health v. Houston Hospitals, Inc.
Publication Date: 2022-11-25
Practice Area: Regulation
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
For defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
Case number: A22A1013

Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision

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