• Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.

    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • Daily Report Online

    Supreme Court Keeps Challenge to Georgia Power Fees Alive

    June 19, 2018

    The putative class action accuses Georgia Power of improperly collecting fees that are supposed to be based only on actual power usage by including other assessments, including the $6 billion "nuclear fee" the General Assembly and Public Service Commission authorized the utility to tack onto customers' bills to prepay for two nuclear reactors at Plant Vogtle.

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.

    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Daily Report Online

    Judge Corks College Park's Airport Booze Tax Suit Against Clayton County

    June 18, 2018

    Fulton County Superior Court Judge Henry Newkirk ruled that sovereign immunity protects Clayton County from claims that it improperly withholds tax collections from College Park.

  • Daily Report Online

    'Dancing Doctor' Sues Medical Board Over License Suspension

    June 15, 2018

    Dr. Windell Davis-Boute became an internet sensation after YouTube videos of the doctor dancing, rapping and kneading the flesh of anesthetized patients went viral.

  • Daily Report Online

    Settlement Ends Insurer's Bid to Dodge $5.3M Excess Judgment

    June 15, 2018

    A few days after the Georgia Court of Appeals upheld several rulings by a DeKalb County judge in the underlying trial, Safe Auto Insurance settled its federal claims against the estate of a woman killed by a drunken driver.

  • Cornerstone Quarry 2010 A Trust v. Heath

    Publication Date: 2018-06-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Randy Berlew (Stern & Eisenberg Southern, P.C.), Columbia, for appellant.
    for defendant: Chrislon Heath, Lawrenceville, for appellee.

    Case Number: A18A0650

    Remand Necessary to Permit Trial Court to Explain Its Unwillingness to Accept Photocopied Complaint Verification

  • Daily Report Online

    On Remand From High Court, Waffle House 'Sextortion' Suit Back in Court of Appeals

    June 14, 2018

    After a jury acquitted the former housekeeper and her lawyers of criminal charges related to secretly video recording former Waffle House CEO Joe Rogers Jr. engaged in a sex act, the Georgia Supreme Court sent the related civil appeals back to the Court of Appeals for reconsideration.

  • Morton v. Macatee

    Publication Date: 2018-06-14
    Practice Area: Civil Procedure | Family Law
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Brad Evans (Attorney at Law), Madison, for appellant.
    for defendant: Christopher Huskins (The Huskins Law Firm), Eatonton, for appellee.

    Case Number: A18A0514

    Trial Court's Order Altering Amount and Method of Money Payment Constituted Unauthorized Modification of Divorce Decree