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  • Arco Design/Build, LLC v. Savannah Green I Owner, LLC

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Rust, David Sawyer, (Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, for appellee.
    Case Number: A22A0056

    Court affirms order finding that the tolling provisions of the State's 2020 Emergency Judicial Orders did not extend the deadline for filing an affidavit of lien waiver

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2022-07-14
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A0773

    Arbitration agreement signed by guardian of mentally-impaired adult was not unenforceable due to unconscionability

  • Scott v. Smith-Denton

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Samantha Mandell, Rachel Sullivan, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: Franklin Evans, (Franklin Evans Law Firm), Chestnut Mountain, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, David Dorer, (Dozier Law Firm, LLC), Macon, Jonathan Broderick, Suzette Broderick, (Broderick Law Group), Norcross, for appellee.
    Case Number: A22A0486

    Court reverses award of default judgement where defendant had not been properly served and substitute affidavit of service was not acceptable

  • Xu et al. v. Yonnone et al.

    Publication Date: 2022-07-14
    Practice Area: Dispute Resolution
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Downs, (Downs Law, LLC.), Atlanta, for appellant.
    for defendant: Randall Lipshutz, (Lipshutz Greenblatt LLC), Tucker, Steven Luper, (Steven Luper, Esq.), Atlanta, for appellee; Thomas Sippel, (McAngus, Goudelock & Courie, LLC), Atlanta, for other party.
    Case Number: A22A0418

    Court affirms an award for attorney fees in a dispute over a property boundary wall where respondent had refused to participate in arbitration as required by covenants

  • GS Cleantech Corporation et al. v. Cantor Colburn, LLP

    Publication Date: 2022-07-13
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: J. Hord, Ellen Lighthiser, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: John Brumbaugh, Lawrence Slovensky, Brian White, Billie Pritchard, Carson Bennett, (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A22A0387

    Court reverses denial of motion to dismiss law firm's declaratory judgment petition and refers legal malpractice matter to Connecticut arbitration

  • Law Journal Press | Digital Book

    Library of California Medical Malpractice Forms

    Authors: Mitchell Law Group, Jeffrey S. Mitchell, Esq., Rebecca L. Byrne, Esq., Mika J. Brown, Paralegal

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  • Hicks et al. v. Universal Health Services, Inc. et al.

    Publication Date: 2022-07-13
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Gebhardt, (Smith, Welch, Webb & White, LLC), Stockbridge, Darren Penn, Alexandra Cole, Kevin Ketner, (Penn Law LLC), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Marcella Ducca, Lori Cohen, Michael King, Gerond Lawrence, Precious Johnson, Brandon Cox, (Greenberg Traurig LLP), Atlanta, Margaret McClatchey, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Michael Hostetter, Molly McCall, Jacob Madsen, (Nall & Miller, LLP), Atlanta, Alison Currie, Mikell Reynolds, Christina Essex, (FisherBroyles, LLP), Atlanta, Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, , for appellee.
    Case Number: A22A0204

    Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction

  • Bennett v. Novas

    Publication Date: 2022-07-13
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Harrison, Amanda Newquist, (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: Dustin Davies, (Hasty Pope LLP), Gainesville, Jonathan Pope, (Hasty Pope LLP), Canton, for appellee.
    Case Number: A22A0361

    Court affirms denial of a motion to enforce a settlement in a car accident personal injury case where settlement offer was not accepted unconditionally

  • Schultz v. Lowe

    Publication Date: 2022-07-12
    Practice Area: Damages
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Washington, for appellant.
    for defendant: Harvey Gray, Alexandra Joseph, (Gray Rust St Amand Moffett & Brieske LLP), Atlanta, for appellee.
    Case Number: A22A0296

    Court affirms summary judgment for an arresting officer, who was entitled to official immunity to allegations of false arrest and malicious prosecution

  • Williams v. The State

    Publication Date: 2022-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Wesley Woolverton, (Woolverton Law Firm), Douglasville, Randall Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A22A0255

    Court affirms denial of a motion to suppress physical evidence seized from a vehicle where officers had a reasonable suspicion to stop the vehicle and restrain its occupants

  • Berg v. Beaver

    Publication Date: 2022-07-12
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Torin Togut, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Marcy Hanks, (Foster, Hanks & Ballard, LLC), Monroe, for appellee.
    Case Number: A22A0252

    Court affirms order imputing income to one parent in an order modifying child support where that parent provided only vague evidence of self-employment income