• CL SNF, LLC et al. v. Fountain

    Publication Date: 2020-06-23
    Practice Area: Dispute Resolution | Health Care Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: 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 on Behalf of Mentally Capacitated Nephew Was Unconscionable; Guardian Did Not Have Authority to Sign Agreement on Behalf of Nephew, Who Had Been Admitted to Mental Health Facility

  • Jackson et al. v. Raffensperger

    Publication Date: 2020-06-19
    Practice Area: Constitutional Law | Government | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Yasha Heidari, (Heidari Power Law Group, LLC), Atlanta, Renee D. Flaherty, (Institute for Justice), Arlington, Jaimie Cavanaugh, (Institute for Justice), Minneapolis, for appellant.
    for defendant: Ross Warren Bergethon, Kirsten Searle Daughdril, Melissa Angeleah Tracy, Andrew Alan Pinson, Christopher M. Carr, (Department of Law), Atlanta, for appellee. Glenn A. Delk, (Lightmas & Delk), Atlanta, Timothy Sandefur, (Scharf-Norton Center for Constitutional Litigation), Phoenix, Maxwell Kent Thelen, (The Summerville Firm, LLC), Atlanta, Eugene R. Curry, (Law Office of Eugene R. Curry), Barnstable, Madison Hunter Kitchens, John Franklin Sacha, Jr., (King & Spalding LLP), Atlanta, for Amicus Appellant.

    Case Number: S20A0039

    Georgians Have Constitutional Right to Pursue Lawful Occupations of Their Own Choosing Without Unreasonable Governmental Interference

  • Njoku et al. Adeyemi

    Publication Date: 2020-06-01
    Practice Area: Civil Procedure | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Agbor Ebot Tabi, (The Law Office of Agb or Ebot Tabi, P.C.), Acworth, for appellant.
    for defendant: Andrew Mosley, (Mosley Law Offices), Lawrenceville, for appellee.

    Case Number: A20A0021

    Court affirms denial of defendants' summary judgment motion in a partnership dissolution dispute and remands for further proceedings on an order of accounting

  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2020-05-19
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell, (Bell Law Firm), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, James Wilson, (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellee. Heather McGrotty, (Weathington Mgrew PC), Atlanta, Paul Weathin, (Weathington Smith), Atlanta, for other party.

    Case Number: A18A0233

    Court vacates and remands zero damages award in medical malpractice case for determination of whether the verdict was void as inconsistent

  • The Columbus Clinic, P. C. v. Williams

    Publication Date: 2020-04-27
    Practice Area: Contracts | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Timothy Newton, Jarrett Spence, (Constangy, Brooks, Smith, & Prophete, LLP), Atlanta, for appellant.
    for defendant: Thomas Martin, (Martin & Martin, LLP), Tucker for appellee.

    Case Number: A19A1895

    Court reverses summary judgment for an employee physician due to unresolved ambiguity in an employment agreement

  • Coto et al. v. Trustees of Bridges of Hope Charitable Trust et al.

    Publication Date: 2020-04-23
    Practice Area: Health Care Law | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Andrew Lavoie, Gerald Edenfield, Susan Cox, (Edenfield, Cox, Bruce & Classens, PC), Statesboro, Ray Smith, (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Warner Fox, Joseph Wieseman, (Hawkins Parnell Thackston & Young, LLP), Atlanta, for appellee.

    Case Number: A19A2159

    Wrongful Death Plaintiff Seeking Confidential Treatment Facility Information Failed to Comply With Federal Regulatory Notice Requirement

  • Baker v. Atlantic States Insurance Company

    Publication Date: 2020-04-21
    Practice Area: Discovery | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kathryn Gentle, (Lloyd & Hogan PC), Birmingham, Eric Maxwell, (Attorney at Law), Fayetteville, for appellant.
    for defendant: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellee. Sylvia Cobb, (Law Offices of Andrews and Manganiello/Geico Staff Counsel), Tucker, for other party.

    Case Number: A19A2337

    Trial Court Retained Jurisdiction to Enter a Written Sanction Award After Announcing Decision to Grant Attorneys' Fees and Costs at Hearing

  • Dietzen v. Radiology Associates of Atlanta, P.C. et al.

    Publication Date: 2020-04-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: McNeill Stokes, (Attorney at Law), Marietta, for appellant.
    for defendant: Paul Weathington, (Weathington Smith), Atlanta, David Hanson, (Weathington Smith, P. C.), Atlanta, for appellee.

    Case Number: A19A2430

    Court affirms summary judgment for a medical practice on a malpractice claim because plaintiff's expert affidavit did not establish violation of a standard of care

  • Lynn v. Lowndes County Health Services, LLC

    Publication Date: 2020-04-15
    Practice Area: Dispute Resolution | Government | Medical Malpractice
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher Connor, (Connor & Connor LLC), Augusta, Kenneth Connor, Anne Moore, (Connor & Connor LLC), Aiken, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellee.

    Case Number: A19A2057

    Parent Lacked Authority to Enter Into Arbitration Agreement on Behalf of Her Disabled Son

  • Rhoades v. McCormack et al.

    Publication Date: 2020-03-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: George Phillips, (Dozier Law Firm), Macon, Michael Hill, (Mayo Hil), Macon, for appellant.
    for defendant: John Autry, Matthew Coles, (Coles Barton LLP), Lawrenceville, for appellee.

    Case Number: A19A1751

    Court affirms directed verdict in favor of a surgeon in a medical malpractice case due to lack of evidence of a specific negligent act