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  • Georgia Division, Sons of Confederate Veterans v. Downs

    Publication Date: 2024-03-25
    Practice Area: Administrative Law | Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Walker Chandler, Peachtree City, for appellant.
    for defendant: Timothy Buckley, Taylor Hensel, (Buckley Christopher, PC), Atlanta, Bennett Bryan, Laura Johnson, (DeKalb County Law Department), Decatur, for appellee.
    Case Number: A22A0663

    Court clarifies that organizations do not have standing but individuals plaintiffs do have standing to challenge removal of a Confederate monument, and remands for analysis of sovereign immunity issues

  • Williams v. Dekalb County et al.

    Publication Date: 2024-03-22
    Practice Area: Administrative Law | Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Ed Williams, (Concerned Citizens For Effective Government), Decatur, for appellant.
    for defendant: Bennett Bryan, Shaheem Williams, Laura Johnson, Terry Phillips, (DeKalb County Law Department), Decatur, Ken Jarrard, (Jarrard & Davis, LLP), Cumming, Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP) Atlanta, for appellee.
    Case Number: A22A0508

    Court concludes that a taxpayer has standing to dispute a county commissioner's salary Increase, but affirms dismissal of taxpayer's complaint on other grounds

  • Vantage Cancer Centers of Georgia, LLC et al. v. Georgia Department of Community Health et al.

    Publication Date: 2024-03-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, Charles L. Gregory, John Warner Ray, (Ray & Gregory, LLC), Atlanta, for appellant.
    for defendant: Margaret Kemmerly Eckrote, Daniel Stephen Walsh, Christopher M. Carr, Charles K. Thimmesch, Jeffrey William Stump, Andrew Bain McClintock, (Department of Law), Atlanta, Robert Michael Rozier, Dorothy Hubbard Cornwell, (Baker & Hostetler LLP), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Talis Colgan Trevino, Laurie Wells Trompeter, (Holland & Knight LLP), Nashville, for appellee; Armando Luis Basarrate, II, David Boone Darden, Jameson B. Bilsborrow, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, for other party.
    Case Number: S23G0405

    Court clarifies standard of review that Community Health Commissions must apply in evaluating hearing officer's factual findings in an application for a health care Certificate of Need

  • Kennestone Hospital, Inc. d/b/a Wellstar Windy Hill Hospital v. Emory University d/b/a Emory University Hospital Smyrna, et al.

    Publication Date: 2024-02-29
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: David Boone Darden, Armando Luis Basarrate, II, Grace Park Blood, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, Robert D. Ingram, David Patrick Conley, (Moore, Ingram, Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Robert Charles Threlkeld, Elliott Leigh Coward, (Morris Manning & Martin, LLP), Atlanta, Stacey Ann Hillock, (Georgia Department of Community Health), Atlanta, Margaret Kemmerly Eckrote, Jeffrey William Stump, Christopher M. Carr, Charles K. Thimmesch, Cathelynn Tio, Stephen John Petrany, James Edward Barrett, (Department of Law), Atlanta, for appellee.
    Case Number: S22G1282

    Court clarifies that a hospital certificate of need ("CON") is a private property right, vacates appellate court opinion to the contrary, and remands for further analysis

  • State of Georgia v. Chapman

    Publication Date: 2023-11-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Carr, Robert Hamilton, Loretta Pinkston-Pope, Charles Francis, (Attorney General), Atlanta, for appellant.
    for defendant: Thomas Hackel, (Attorney at Law), Waycross, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party.
    Case Number: A23A0989

    In a workers' compensation case, court affirms that injured worker's rights were violated when an administrative law judge made factual findings on an issue that was not properly before it

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Walton Electric Membership Membership Corporation et al v. Georgia Power Company

    Publication Date: 2023-11-13
    Practice Area: Administrative Law
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Cook, (Autry Hall & Cook LLP), Atlanta, Curtis Romig, (Bryan Cave, LLP), Atlanta, Nicholas Bedo, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Carr, (Attorney General), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for appellant.
    for defendant: Robert Edwards, Thomas Reilly, William Smith, (Troutman Pepper Hamilton Sanders LLP), Atlanta, for appellee.
    Case Number: A23A0746

    Court determines that a property owner did not destroy or dismantle a facility such that it was entitled to switch electricity providers from Georgia Power Company under the Territorial Service Act

  • Symphony Medical, LLC v. FFD GA Holdings, LLC et al.

    Publication Date: 2023-11-09
    Practice Area: Administrative Law
    Industry: Pharmaceuticals
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Kristen Goodman, (Hall Gilligan Roberts & Shanlever, LLP), Savannah, Keri Martin, (Moore Clarke Duvall & Rodgers, P.C.), Savannah, for appellant.
    for defendant: Stephen Bauer, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, Vincent Russo, Matthew Parrish, Anna Edmondson, (Robbins Ross Alloy Belinfante Littlefield), Atlanta, Jeffrey Zachman, Joanne Caceres, Eric Berlin, (Dentons US LLP), Atlanta, William Collins, Joseph Stuhrenberg, (Burr & Forman LLP), Atlanta, Christopher Carr, Margaret Eckrote, (Senior Assistant Attorney General), Atlanta, Daniel Walsh, Jeffrey Stump, (Department of Law, State of Georgia), Atlanta, for appellee.
    Case Number: A23A0862

    Court dismisses some cannabis production license appeals ruling that the Georgia Administrative Procedures Act does not apply to give unsuccessful applicants a right of judicial review

  • Swarn v. Thompson

    Publication Date: 2023-10-25
    Practice Area: Administrative Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Bliss, (Attorney at Law), Atlanta, Richard Merritt, (Atlanta Legal Aid Society), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, for appellee.
    Case Number: A23A0796

    Court of Appeals reverses denial of Pandemic Unemployment Assistance due to the pandemic's impact on employment of an individual who was self-employed

  • Smith v. Hi-Tech Pharmaceuticals, Inc.

    Publication Date: 2023-09-22
    Practice Area: Administrative Law
    Industry: Pharmaceuticals
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S22C1252

    Court declines to grant certiorari in appeals over an issue involving the doctrine of primary jurisdiction and whether a matter should be referred to an administrative agency

  • City of Atlanta et al. v. Sebastian

    Publication Date: 2023-08-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Marc Sirotkin, Timothy Lemke, (Swift Currie), Atlanta, for appellant.
    for defendant: Kyle Johnston, (The Law Office of Kyle D. Johnston), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Todd Maziar, Atlanta, for AM.
    Case Number: A23A1185

    Court affirms the reversal of the suspension of benefit, reinstatement of worker's compensation, and attorney fee award for injured City policeman