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  • Southeast Georgia Health System, Inc. v. Frank W. Berry, In His Capacity As Commissioner, et al.

    Publication Date: 2022-02-16
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs), Atlanta, for appellant.
    for defendant: Christopher Carr, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin LLP), Atlanta, for appellee.
    Case Number: A21A1544

    Court affirms summary judgment order dismissing Health System's petition for mandamus that sought to compel a commissioner to conduct an investigation

  • Nayani v. Hassanali et al.

    Publication Date: 2022-02-08
    Practice Area: Business Torts | Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado, (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Matthew Parrish, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, Heather Sharp, (First Option Mortgage), Atlanta, for appellee.
    Case Number: A21A1509

    Contract For Sale of Shares in Professional Corporation to Non-Professional Was Void as Matter of Statutory Law

  • Dentistry for Children of Georgia et al. v. Foster et al.

    Publication Date: 2022-01-21
    Practice Area: Discovery
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bailey, Michael Frankson, Randolph Powell, Paige Mckinney, (Huff Powell & Bailey LLC), Atlanta, Michael Wright, Sybil Newton, (Starnes Davis Florie LLP), Birmingham, for appellant.
    for defendant: Lee Atkinson, Andrew Hill, (Blasingame, Burch, Garrard & Ashley, PC), Athens, Dustin Davies, (Hasty Pope LLP), Gainesville, Davis Loftin, Jeffrey Mykkeltvedt, (Mykkeltvedt & Loftin, LLC), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, James Matthews, (Blackwood, Matthews & Steel), Athens, Jonathan Pope, (Hasty Pope LLP), Canton, William Armstrong, (Attorney at Law), Marietta, Alexandra Hughes, (Carlock Copeland & Stair, LLP), Atlanta, Kathryn Burmeister, (Burmeister Law Firm, LLC), Roswell, Bryan Sutlive, (Sutlive & Associates, LLC), Atlanta, for appellee.
    Case Number: A21A1746

    Court affirms harsh sanction of precluding defendants from defending claims in a personal injury case due to defendants' willful failure to respond to discovery

  • American Anesthesiology of Georgia, LLC v. Northside Hospital, Inc.

    Publication Date: 2022-01-13
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Meredith Allen, Jeffrey Clark, (McGuire Woods LLP), Charlotte, Stanley Roberts, Matthew Fitzgerald, (McGuire Woods LLP), Richmond, for appellant.
    for defendant: Stephen Bauer, Jeffrey Baxter, (Baker Hostetler, LLP), Atlanta, Joshua Bosin, Robert Highsmith, Allen Hendrick, Jacquelyn Watts, (Holland & Knight LLP), Atlanta, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellee; Kathryn McConnell, (Littler Mendelson PC), Atlanta, Paul Kennedy, (Littler Mendelson, P.C.), Washington, William Vail, (Polsinelli PC), Atlanta, for other party.
    Case Number: A21A1644

    Court reverses ruling that a no-hire restrictive covenants clause in an agreement between two health care providers is unenforceable

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Johnson & Johnson et al. v. Shiver

    Publication Date: 2021-11-30
    Practice Area: Products Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Colin Kelly, Caroline Gieser, (Shook, Hardy & Bacon LLP), Atlanta, for appellant.
    for defendant: Roy Barnes, John Bevis, Benjamin Rosichan, (The Barnes Law Group, LLC), Marietta, Robert Cheeley, (Cheeley Law Group LLC), Alpharetta, Julia Merritt, (Attonrey at Law), Smyrna, for appellee; Eric Hawkins, David Marshall, Evelyn Davis, (Hawkins & Parnell & Young LLP), Atlanta, Caroline Tinsley, (Tucker Ellis LLP), St. Louis, Charissa Walker, (Tucker Ellis LLP), Cleveland, Chad Shultz, (Gordon Rees Scully Mansukhani, LLP), Atlanta, Ann Field, (Gordon Rees Scully Mansukhani, LLP), Philadelphia; Evelyn French, (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.), Washington for AM.
    Case Number: A21A0832

    Court reverses denial of motions to dismiss liability complaints under the Georgia Asbestos Claims Act where plaintiffs failed to establish a prima facie case

  • Chybicki et al. v. Coffee Regional Medical Center, Inc. et al.

    Publication Date: 2021-11-29
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Andrew Lavoie, Gerald Edenfield, Susan Cox, (Edenfield, Cox, Bruce & Classens, PC), Statesboro, for appellant.
    for defendant: Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, Thomas Burke, Anthony Rowell, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A21A1023

    Treating Physician Was an Independent Contractor for Whom the Hospital Could Not Be Held Liable in Medical Malpractice/Wrongful Death Action

  • Dekalb County Board of Tax Assessors v. Barrett

    Publication Date: 2021-11-22
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Edward Webb, (Webb, Klase & Lemond, LLC), Atlanta, for appellee.
    Case Number: A21A1032

    Trial Court Properly Found That Property Owner Was Entitled to Two-Year Freeze on Taxable Values of His Properties for Two Taxable Years

  • Connell et al. v. Hamon, As Surviving Child of James Isaac Dickens, Jr., Deceased

    Publication Date: 2021-11-16
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: Robert Howell, (Attorney at Law), Moultrie, Charles Cork, (Attorney at Law), Decatur, Atlanta, for appellee.
    Case Number: A21A0925

    Court reverses denial of defendant's motion on the pleadings in a wrongful death case where plaintiff had no standing to bring a wrongful death claim

  • Browne & Price, P. A. v. Innovative Equity Corporation

    Publication Date: 2021-11-16
    Practice Area: Contractual Disputes | Legal Malpractice | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kim Jackson, Joseph Harris, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Nashville, for appellant.
    for defendant: Stacey Carroll, (Carroll Law Firm LLC), Atlanta, David Houtsma, (David Houtsma Law Firm LLC), Cumming, Angie Walton, (Law Offices of Angie M. Walton, P.C.), Atlanta, for appellee.
    Case Number: A21A1005

    Disputed Issues of Fact Presented as to Whether "Liquidated Damages" Reflected Reasonable Pre-Estimate of Actual Damages