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  • Nuckles v. The State

    Publication Date: 2021-01-12
    Practice Area: Criminal Law | Health Care Law | Privacy
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Gerard Bradley Kleinrock, (Office of the Public Defender), Decatur, for appellant.
    for defendant: Jason Matthew Rea, Sherry Boston, Deborah D. Wellborn, Jeanne Marie Canavan, Maria Olabosipo Banjo, (Dekalb County District Attorney's Office), Decatur, Robert Wright Smith, Jr., (Prosecuting Attorneys' Council of Georgia), Morrow, Shannon Glover Wallace, (Cherokee County District Attorney's Office), Canton, William D. Johnson, (Prosecuting Attorneys' Council of Georgia), Morrow, for Appellee. Jason Edward Bring, Glenn P. Hendrix, (Arnall Golden Gregory LLP), Atlanta, for Amicus Appellant. Jarome Gautreaux, (Gautreaux Law, LLC), Macon, Caleb Frank Walker, (Katherine L. McArthur, LLC), Macon, Lyle Griffin Warshauer, (Warshauer Law Group, P.C.), Atlanta, for Amicus Appellee.
    Case Number: S20G0492

    Video Recording From Hidden Camera in Care Facility Was Admissible Under Security Exception to Consent Requirement

  • Thornton v. The State

    Publication Date: 2020-12-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jad Baskin Johnson, David James Dunn, Jr., Victor Philip Aloisio, III, (Lookout Mountain Judicial Circuit Public Defender's Office), Lafayette, for appellant.
    for defendant: Megan Sandra Deitz, A.D.A., Christopher Allen Arnt, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee. Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, for Neutral Amicus.
    Case Number: S20G0613

    Game Warden Was Authorized to Limit Sound Emitted by Car Stereo; Evidence at Trial Was Sufficient to Sustain Convictions for Obstruction

  • Crown Series, LLC et al. v. Holiday Hospitality Franchising, LLC

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Koenig, (Barnes & Thornburg LLP), Atlanta, Abby Vineyard, (Attorney at Law), Atlanta, Marty Schwartz, (Schain, Banks, Kenny & Schwartz, Ltd.), Chicago, for appellant.
    for defendant: Michael Tyler, Kathryn Isted, Joe Reynolds, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee.
    Case Number: A20A1464

    Liquidated Damages Provision of License Agreement Was Enforceable and Demonstrated a Pre-Estimate of Probable Loss

  • Cobb Hospital, Inc. et al. v. Emory Adventist, Inc. et al.

    Publication Date: 2020-12-14
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: J. Maines, Matthew Friedlander, Grant Schnell, (Holland & Knight LLP), Atlanta, Ryan Burke, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee.
    Case Number: A20A1000

    Challenge to a hospital acquisition failed because the entity being acquired was not operating and, therefore, the Hospital Acquisition Act did not apply.

  • Cobb Hospital, Inc. d/b/a Wellstar Cobb Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2020-12-03
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, David Conley, David Darden, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Daniel Walsh, Monica Sullivan, Cathelynn Tio, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Frank Berry, (Commissioner, Dept. of Community Health), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A18A2009

    On remand from the Supreme Court over due process, the Court again denies a hospital's challenge to a certificate of need determination for a new health facility.

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Trejo-Valdez v. Associated Agents et al.

    Publication Date: 2020-12-03
    Practice Area: Employment Litigation | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1499

    Res Judicata Did Not Bar Workers' Compensation Claimant's Reneweed Treatment Request Following Designation of New Treating Physician

  • Ob-Gyn Associates, P. A. et al v. Brown et al.

    Publication Date: 2020-12-02
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Heather McGrotty, Paul Weathington, David Hanson, (Weathington Smith), Atlanta, for appellant.
    for defendant: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, Kenneth Leivne, (Kenneth M. Levine & Associates, LLC), Brookline, for appellee. Sarah Adle, (Harris Lowry Manton LLP), Brookhaven, Lyle Warshauer, (Warshauer Law Group, P.C.), Atlanta, Allison Thornton, (Georgia Trial Lawyers Association), Atlanta, for other party. Donald Palmisano, (Medical Association of Georgia), Atlanta, for AM.
    Case Number: A20A1447

    Gross Negligence Standard of Care Applied to Medical Emergency That Arose During Childbirth in Hospital Obstetrical Unit

  • Joiner-Carosi v. Adekoya

    Publication Date: 2020-12-02
    Practice Area: Evidence | Health Care Law | Personal Injury
    Industry: Health Care | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: James Hankins, Samantha Mullis, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellant.
    for defendant: Jason Schneider, Campbell Williamson, (Schneider Hammers LLC), Atlanta, for appellee.
    Case Number: A20A1418

    Evidence of Attorney Referrals to Medical Providers Was Not Relevant to Issues in Personal Injury Action

  • Tift Regional Medical Center Foundation, Inc. v. Geico General Insurance Company et al.

    Publication Date: 2020-11-23
    Practice Area: Health Care Law | Insurance Law | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Travis Hargrove, Abigail Miller, (The Finley Firm), Columbus, for appellant.
    for defendant: Jason Hammer, Elizabeth Lowrey, Erica Parsons, Samuel Sabulis, (Lueder Larkin & Hunter, LLC), Atlanta, for appellee. Chip Morris, (Morris Law Firm), Tifton, for other party.
    Case Number: A20A1266

    Promissory Estoppel Did Not Preclude Hospital From Enforcing Lien After Insurers Paid Entire Settlement Amounts to Patient

  • Wanna v. Navicent Health, Inc. et al.

    Publication Date: 2020-11-19
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Stuart Walker, (Martin Snow, LLP), Macon, Anthony Cochran, (Smith, Gambrell & Russell, LLP), Atlanta, Emily Ward, (Chilivis Cochran), Atlanta, for appellant.
    for defendant: Julie Wood, Jared Miller, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Robert Brennan, (Attorney at Law), Atlanta, Julia Magda, (Magda Law, LLC), Macon, for appellee.
    Case Number: A20A1378

    Court affirms, reverses, and vacates aspects of summary judgment orders in a lengthy dispute between a physician and a former employer