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  • Johnson et al. v. City Of Atlanta

    Publication Date: 2018-11-19
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brandon Bowen, Robert Walker, Sarah MaCkimm, (Jenkins, Bowen & Walker, P.C.), Cartersville, Robert Noble, (Goodman McGuffey LLP), Atlanta, for appellant.
    for defendant: Emmet Bondurant, David Brackett, Robert Ashe, Benjamin Thorpe, (Bondurant Mixson & Elmore, LLP), Atlanta, Jeffrey Haymore, (City of Atlanta Law Department), Atlanta, Patrise Perkins-Hooker, (Fulton County Attorney's Office), Atlanta, for appellee.
    Case Number: A18A1084

    Community annexation case is not an appropriate vehicle to press voting rights issues.

  • Patterson et al. v. Kevon, LLC

    Publication Date: 2018-10-18
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Blakely Frye, Travis Cashbaugh, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellant.
    for defendant: Pamela Lee, (Swift, Currie, McGhee & Hiers), Atlanta, for appellee.
    Case Number: A17A0399

    Court Adopts Supreme Court Ruling and Reverses Grant of Summary Judgment in Negligence Case

  • Gordon et al. v. Dennis

    Publication Date: 2018-08-15
    Practice Area: Civil Appeals | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Heather Ware, John Hall, David Younker, Steven Harkins (Hall Booth Smith, PC), Atlanta, for appellant.
    for defendant: Tiffany Sellers, (Law Offices Of Tiffany Carter Sellers, LLC), Atlanta, for appellee.
    Case Number: A18A1363

    Court Reporter's Delay in Preparing Trial Transcript Supported Appellant's Requests For Additional Time to File Appeal

  • Little v. Booker

    Publication Date: 2018-07-18
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Jones (Attorney at Law), Atlanta, for appellant.
    for defendant: Martin Fierman (Attorney at Law), Madison, for appellee.
    Case Number: A18A0452

    Appeal Relating to Stalking Protective Order Not Moot Because Alleged Error Evaded Judicial Review But Was Capable of Repetition

  • Nugent et al. v. A1 American Refrigeration, LLC

    Publication Date: 2018-07-09
    Practice Area: Attorney Compensation | Civil Appeals
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Tannen (David R. Tannen LLC), Johns Creek; Misty Carlson (Tannen Law Group LLC), Johns Creek; Erin Moore, Nancy Baughan (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellant.
    for defendant: Jeffery Saxby, Jeffrey Daniel (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A18A0448

    Appeal From Attorney Fee Award Was Moot Where Appellant Had Already Paid Award

  • Law Journal Press | Digital Book

    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

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  • Brock v. Hardman

    Publication Date: 2018-06-07
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James L Brock III, Glennville, for appellant.
    for defendant: Ann Hardman (Clerk's Office, Muscogee County Superior Court), Columbus, for appellee.
    Case Number: S18A0393

    The Supreme Court dismissed prisoner's appeal from the denial of his mandamus petition seeking records related to his two murder convictions for failure to file a discretionary application as O.C.G.A. § 42-12-8 requires for civil cases filed by prisoners.

  • Columbus, Georgia Board Of Tax Assessors et al. v. Medical Center Hospital Authority

    Publication Date: 2018-05-16
    Practice Area: Civil Appeals | Tax
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Lomax (Robert R. Lomax LLC), Columbus; Kevin Meeks, Charles Palmer (Troutman & Sanders LLP), Atlanta, for appellant.
    for defendant: Jeffrey Brown (Brown & Adams LLC), Columbus; Andrew Rothschild, Jerome Rothschild (Rothschild & Rothschild PC), Columbus, for appellee.
    Case Number: A16A0638

    Tax Exemption Claim Could Be Raised Again Before Trial Court Where Neither Supreme Court nor Court of Appeal Had Reviewed Issue Prior to Remand

  • 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.

  • Cartersville City Schools et al. v. Johnson

    Publication Date: 2018-05-03
    Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
    for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.
    Case Number: A17A1469

    The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.

  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.