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May 14, 2024 | Daily Report Online

Intermediate Court Weighs Apartment Complex Ability to Waive Security Requirements

'It's one thing [for an apartment complex] to say we can't be your insurer, it's another thing to say 'We're not doing anything [to provide security].' That seems to be a very extraordinary thing and that concerns me," said Presiding Judge Stephen Dillard.
5 minute read
May 10, 2024 | Daily Report Online

'Incredibly Unsafe'? Plaintiffs Warn of Possible Adverse Impacts in Upcoming Premises Liability Appeal

The defense, however, has said the exculpatory provisions in a lease and a crime addendum to "are not contrary to public policy."
4 minute read
May 02, 2024 | Daily Report Online

'Staggering Gamesmanship': Case Law, Statute Clash Over 'Gotcha' Settlement Tactics on Appeal

Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
5 minute read
April 30, 2024 | Daily Report Online

A 'Gotcha Tactic'?: Court of Appeals to Hear 'Bad Faith' Settlement Claim Dispute at Oral Argument

According to the defendant-appellants, the plaintiff's demand was emblematic of a "set-up" offer by which an "attorney could … try to avoid a policy-limits settlement by sending a needlessly complicated demand with a myriad of confusing and seemingly trivial terms designed to elicit a rejection."
5 minute read
Ferguson et al. v. Bowers et al.
Publication Date: 2024-04-29
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
For defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
Case number: A23A1715

Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

Law Journal Press | Digital Book Connecticut Appellate Practice & Procedure, 8th Edition Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE View this Book

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North Atlanta Vascular Clinic, P.C. v. Thomas Matthews et al.
Publication Date: 2024-04-22
Practice Area: Contracts | Employment Litigation
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys:
For plaintiff: Frank Lowrey, Jeffrey Chen, (Bondurant Mixson & Elmore LLP), Atlanta, Edwin Page, Atlanta, for appellant.
For defendant: Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Stephen Bauer, Jarvarus Gresham, Jacqueline Menk, (BakerHostetler LLP), Atlanta, Scott Grubman, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, Kurt Lentz, (Sutherland Asbill & Brennan LLP), Atlanta, for appellee; Roy Banerjee, Damon Scott, (Kimar Prabhu Patel and Banerjee LLC), Atlanta, for other party.
Case number: A23A1627

Court affirms summary judgment order against a clinic that sought to enforce a non-compete clause against a doctor who had worked at the clinic

April 18, 2024 | Daily Report Online

2024 Southeastern Legal Awards Honorees Announced

The Daily Report and Law.com are pleased to announce its 2024 winners and finalists for the second annual Southeastern Legal Awards. Previously known…
4 minute read
April 15, 2024 | Daily Report Online

On the Move: Thompson Coburn Enters Southeast With Birmingham Office Launch

Thompson Coburn has lured a former education practice leader and others from Maynard Nexsen. Meanwhile, a former Home Depot in-house lawyer returns to boutique Bondurant Mixson.
6 minute read
April 11, 2024 | Daily Report Online

'With All Due Respect, I Disagree': Intermediate Court Judge Clashes With Litigator Over Case of Employee Slain by Co-Worker

According to the defendant-appellees, if the intermediate court sides with the appellants, it "would throw the Workers' Compensation Board into chaos."
5 minute read
April 03, 2024 | Daily Report Online

Appeals Court Asked to Decide Jurisdiction in Fatal Shooting at Work

The panel will have to sort out arguments for the matter to go to trial or through the workers' comp process.
6 minute read

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