Amicus Brief: Hughes v. First Acceptance (Supreme Court of Georgia, Case No. S18CO517, filed February 1, 2018). Authors: David M. Atkinson and Jonathan K. Kandel, Swift Currie McGhee & Hiers.
Amicus Brief: Doherty v. Brown (Georgia Court of Appeals, Case No. A16A0763, Filed November 20, 2017). Author: James S. V. Weston, Trotter Jones, Augusta.
Amicus Brief: Rockdale Hospital, LLC, d/b/a Rockdale Medical Center, 24 On Physicians, PC, and Dr. Alunda E. Hunt v. Heather Oller, Shirley Nobles and David Nobles (Supreme Court of Georgia, Docket No. S18CO149, Filed October 31, 2017). Authors: David C. Hanson and Samuel E. Britt, Weathington McGrew, Atlanta.
Amicus Brief: Wellstar v. Roman (Court of Appeals of Georgia, Case No. A17A1497, September 29, 2017). Author: Martin A. Levinson and William J. Martin, Hawkins Parnell Thackston & Young, Atlanta.
Amicus Brief: Chrysler v. Walden (Supreme Court of Georgia, Case No. S17G0832, September 18, 2017). Author: Christopher R. Jordan, Hunter Maclean, Brunswick.
Amicus Brief: Government Employees Insurance Company v. Wanda Morgan, Victor Morgan and Dwayne Mims (Supreme Court of Georgia, Case No. S17C1721, September 15, 2018. Author: Nnenna T. Opera, Waldon Adelman Castilla Prout & Hiestand, Atlanta.
Amicus Brief: Curles v. Psychiatric Solutions, Inc. (Georgia Court of Appeals Case No. A17A1298, June 22, 2017) and Kern v. Psychiatric Solutions, Inc. (Georgia Court of Appeals Case No. A17A1299, June 22, 2017). Author: Kristin L. Hiscutt, Lueder Larkin & Hunter, Atlanta.
Amicus Brief: Johnson Street Properties, LLC v. Cynthia Clure,(Supreme Court of Georgia, Case No. S17A0811, June 15, 2017). Authors: C. Shane Keith and Charles B. Carmichael, Hawkins Parnell Thackston & Young, Atlanta.
Amicus Brief: Camacho v. Nationwide Mutual Insurance Company, (Eleventh Circuit Court of Appeals, Case No. 16-14225, May 5, 2017). Authors: David Atkinson and Jonathan Kandel, Swift Currie McGhee & Hiers, Atlanta.
Amicus Brief: Six Flags Over Georgia II, L.P. and Six Flags Over Georgia LLC v. Joshua Martin (Case No. S16C0750, Supreme Court of Georgia, February 1, 2017). Authors: Martin A. Levinson and C. Shane Keith, Hawkins Parnell Thackston & Young, Atlanta; and Garret W. Meader, Drew Eckl & Farnham, Brunswick.
Amicus Brief: Amanda Coon v. Medical Center, (Supreme Court of Georgia, Case No. S16G0695, December 30, 2016). Authors: Robert A. Luskin and James T. Hankins III, Goodman McGuffey, Atlanta.
Amicus Brief: Dargan McAfee and Twisted Shamrock, Inc. v. John Harrison (Case No. S170093, Supreme Court of Georgia, December 2, 2016). Authors: Pamela Newsom Lee, R. Matthew Shoemaker and Donovan D. Potter, Swift Currie McGhee & Hiers, Atlanta.
Amicus Brief: Goldstein, Garber & Salama v. J.B. (Case No. S16G0744, Supreme Court of Georgia, November 30, 2016). Authors: Kirby G. Mason and Allan C. Galis, HunterMaclean, Savannah.
Amicus Brief: Charles R. Kendrick vs. SRA Track, Inc., and Praetorian Insurance Co. c/o QBE Americas, Inc. (Case No. A17A0094, Court of Appeals of Georgia, November 30, 2016). Authors: M. Ann McElroy and Crystal Stevens McElrath, Swift Currie McGhee & Hiers, Atlanta.
Amicus Brief: Camelot Club Condominium Association, Inc., vs. Georgina Afari-Opoku, as the Surviving Spouse of Emmanuel Afari-Opoku, Deceased, and Georgina Afari-Opoku, as Personal Representative of the Estate of Emmanuel Afari-Opoku (Case No. A16A2069, Court of Appeals of Georgia, November 16, 2016). Authors: Martin A. Levinson and Camille A. Smith, Hawkins Parnell Thackston & Young, Atlanta.
Amicus Brief: Pandora Franchising, LLC, v. Kingdom Retail Group, LLLP (Case No. S16C0490, Supreme Court of Georgia, June 17, 2016). Authors: Kathryn S. Whitlock and Martin A. Levinson, Hawkins Parnell Thackston & Young, Atlanta.
Amicus Brief: Resurgens v. Elliott (Case Number A15A2275, Court of Appeals of Georgia, May 11, 2016). Authors: Mark W. Wortham and Nathan A. Gaffney, Hall Booth Smith, Atlanta.
Amicus Brief: Six Flags Over Georgia II, L.P. and Six Flags Over Georgia LLC v. Joshua Martin (Case No. S16C0750, Supreme Court of Georgia, April 1, 2016)). Authors: Martin A. Levinson, Hawkins Parnell Thackston & Young, Atlanta; and Garret W. Meader, Drew Eckl & Farnham, Brunswick.
Amicus Brief: Roseburg Forest Products Co. v. Barnes (Case No: S15G1808 and S15G1811, Supreme Court of Georgia, January 29, 2016). Authors: Jason C. Logan and Eric S. Proser, Constangy Brooks Smith & Prophete, Macon; and Ann B. Bishop, Sponslor Bishop Koren & Hammer, Atlanta.
Amicus Brief: Grange Mutual Casualty Company v. Woodard, et al (Case No: 15-13295-CC, U.S. Court of Appeals for the 11th Circuit, September 15, 2015). Authors: Garret W. Meader, Drew Eckl & Farnham, Brunswick.
Amicus Brief and Amended Motion: Deutsche Bank Alex.Brown v. Amegy Bank National Association (Case No: 14-12568, U.S. Court of Appeals for the 11th Circuit, September 18, 2015). Authors: Shannon M. Sprinkle and Eric J. Frisch of Carlock, Copeland & Stair, Atlanta.
Amicus Brief: Oliver v. McDade (Case No: S14G1775 , Supreme Court of Georgia, January 13, 2015). Authors: Laurie Webb Daniel and Leland H. Kynes, Holland & Knight, Atlanta.
Amicus Brief: Zaldivar v. Pickett (Case No: S14G1778, Supreme Court of Georgia, December 31, 2014). Authors: Martin A. Levinson and Alex M. Barfield, Hawkins Parnell Thackston & Young, Atlanta.
Amicus Brief: Gala et al. v. Fisher et al. (Case No: S14G0919, Supreme Court of Georgia, August 28, 2014). Authors: Steven P. Bristol, Brunswick, and Mark W. Wortham, Atlanta, Hall Booth Smith.
Amicus Brief: Department of Corrections v. Couch (Case No. S13G1555, Supreme Court of Georgia, January 31, 2014). Authors: Laurie Webb Daniel and Leland H. Kynes, Holland & Knight, Atlanta.
The Court of Appeals requested that the GDLA and GTLA submit amicus briefs concerning the issue of whether to enforce an alleged settlement agreement on a tort case in Graham, et al. v. HHC St. Simons, Inc. d/b/a St. Simons by the Sea (Case No. A13A0454). Here is the GDLA brief and here is the GTLA brief. GDLA brief author: Martin A. Levinson, Hawkins Parnell Thackston & Young, Atlanta; filed June 4, 2013. The Court issued its order on July 5, 2013, essentially adopting the GDLA's arguments and affirming the trial court's denial of the plaintiff-appellant's motion to enforce the purported settlement; the Court held there was no mutuality and also that acceptance was not made within a "reasonable time" based on the circumstances of the offer.
Amicus Brief: James Matthew Hoover v. Maxum Indemnity Company (Case Nos. S11G1681, S11G1683, Supreme Court of Georgia, June 29, 2012). Authors: David M. Leonard and Christopher B. Freeman, Carlton Fields, Atlanta.
Amicus Brief: Coro Realty Advisors v. Ana Julia Maya Salinas (Case No. A12A0796, Court of Appeals of Georgia, June 6, 2012). Author: Charles L. Clay, Jr., Weinberg Wheeler Hudgins Gunn & Dial, Atlanta.
Amicus Brief:
Couch v. Red Roof Inns, Inc. (Case No. S12Q0625, Supreme Court of Georgia, February 29, 2012).
Authors: Jacob E. Daly and Sun S. Choy, Freeman Mathis & Gary, Atlanta.
This matter involves two certified questions from Judge Steve C. Jones, U.S.
District Court, Northern District, to the Georgia Supreme Court involving O.C.G.A. 51-12-33,
apportionment of fault: (1) whether a jury is permitted to consider the fault of a criminal
assailant and apportion damages in a premises liability case based on a third-party criminal act,
and (2) whether the [apportionment] statute is constitutional. The Attorney General’s office
submitted an
amicus brief
at the trial court level and argued that the statute was constitutional; GTLA was expected to submit
a brief to the Court, but has not done so yet. See also:
Plaintiff/Appellant’s brief
Defendants/Appellees’ brief.
Amicus Brief: McRae v. Arby’s (Case No. S12C0714), Supreme Court of Georgia, January 25, 2012; Author: Clayton E. Robertson, of McLain & Merritt, Atlanta. A badly split Court of Appeals (4-3) applied the logic of Baker v. Wellstar in the workers’ compensation context. The GDLA submitted an amicus brief in that case on a request for reconsideration (see link to that amicus brief below). The issue in Baker was whether HIPAA precludes ex parte communication between defense counsel and a plaintiff’s treating physician in the medical malpractice context. The Arby’s case extends Baker into the workers’ comp realm and will severely limit (if not prohibit) defense counsel’s ability to ex parte communicate with a claimant’s treating physician. Given the GDLA’s position in Baker, we submitted an amicus brief in this matter.
Amicus Brief: Penn v. Muktar (Case No. S11C1555), Supreme Court of Georgia, September 13, 2011; Authors: William M. Dallas III and Janice M. Wallace, of Beck Owen & Murray, Griffin. The case involves an attempted enforcement of a settlement agreement reached when the tortfeasor’s insurance company accepted the plaintiff’s time limited settlement demand.
Amicus Brief: Baker v. WellStar (Case No. S10A0994), Supreme Court of Georgia, November 30, 2010; Authors: Jo A. Jagor and Crystal Filiberto, Hall Booth Smith & Slover, Atlanta; and Kristin Hiscutt, Bendin Sumrall & Ladner, Atlanta. GDLA filed its brief as a supplement to the Motion for Reconsideration filed by Henry D. Green Jr, of Atlanta’s Green & Sapp, counsel for appellee WellStar.
Amicus Brief: State Farm Mutual Automobile Insurance v. Randolph Adams (Case No. S09C1710), Supreme Court of Georgia, July 25, 2010; Authors: Edward R. Stabell, III and Britton G. White, Brennan Harris & Rominger LLP, Savannah; Evelyn Fletcher Davis and Jason L. Groch, Hawkins Parnell Thackston & Young, Atlanta
Amicus Brief:
Cavalier Convenience, Inc. v. Christopher Sarvis (Appeal No. A10A0538) and
Ken’s Supermarket, Inc. v. Christopher Sarvis (Appeal No. A10A0539),
Court of Appeals of Georgia, February 9, 2010; Author: Amy R. Snell, Fulcher Hagler LLP, Augusta
Opinion:
Court of Appeals opinion in the above referenced cases, July 9, 2010
Nevitt v. CMD Realty Investment Fund IV, L.P., 282 Ga. App. 533, 639 S.E.2d. 336
In the slip and fall case of Nevitt v. CMD Realty Investment Fund IV, L.P.,
282 Ga. App. 533, 639 S.E.2d. 336 (2006), the attorney plaintiff sent a letter to CMD
asserting that his injury was the result of building code violations and hoped the matter
could be settled and requested contact from its insurance carrier.
The insurance adjuster called and took a recorded statement from the attorney who ascribed
the same building code violation as the cause of his injury. During this interview,
there was no discussion of settlement and no settlement resulted. After the lawsuit was filed and
the plaintiff hired counsel, his theory of recovery changed to a pre-existing slippery condition
in the stairwell. At trial, the court allowed the introduction of the letter and recorded statement
with a defense verdict resulting. On appeal, the Court of Appeals reversed holding that the letter
and statement were induced by an offer to enter into settlement negotiations and should not have been
admitted into evidence under O.C.G.A. ß 24-3-37. The GDLA filed an amicus brief in support of CMD’s
petition to the Georgia Supreme Court to grant certiorari. Unfortunately, that Court declined that request.
Ted Freeman and John Jones, Freeman Mathis & Gary, Atlanta, wrote the brief for the GDLA.
Mason v. The Home Depot U.S.A., Inc. and The Flecto Company, Inc., S07A1486
In this case, the trial court excluded opinions of two of plaintiffs' experts on the grounds that
the opinions were unreliable under Georgia's new standard governing the admissibility of expert
opinions in civil cases set forth in O.C.G.A. 24-9-67.1. On appeal, plaintiffs challenge the
constitutionality of section 24-9-67.1 primarily on the grounds that it: (1) denies them equal
protection under the law, as it applies to civil but not criminal cases, and (2) denies them the
right to a jury trial. Other arguments include a challenge to the retroactive application of the
new expert evidence standard to cases filed prior to its adoption. Oral arguments were heard in the
case on November 12, 2007. Several amicus curiae briefs have been filed in support of
Plaintiffs/Appellants, including a brief by the GTLA and a group of "university professors and
research scholars." These briefs on behalf of Plaintiffs/Appellants were filed shortly before
arguments and additional amicus briefs were submitted after arguments. The GDLA's focused on
explaining the need for and benefits of a "Daubert" type reliability standard as a threshold for
the admissibility of expert opinions in civil cases and the effective application of such a
standard in the federal courts and other state courts with similar standards. GDLA's brief also
addressed the jury trial issues raised by Appellees and amicus curiae. Bob Travis and LeeAnn Jones,
Powell Goldstein, Atlanta prepared the GDLA's brief.
Kaminer et. al. v. Canas et, al, Supreme Court case S07G0489
In this case, the GA Supreme Court asked the GDLA and the GTLA to file amicus briefs regarding the
accrual of the medical malpractice statute of limitations and statute of repose to a case involving
the misdiagnosis of HIV in a child that allegedly took place over several years. The Georgia Court of
Appeals in Canas v. AL-Jabi, 282 Ga. App. 764 (2006), held that a new negligent act and new accrual
date for the state of limitations and repose arose when the plaintiff was seen by the defendants on
subsequent evaluations where HIV was not diagnosed. The GDLA filed an amicus brief asking the Court to
reject the Court of Appeals decision because it reinstated the "continuous treatment doctrine" which the
Supreme Court had rejected in prior decisions. In a 4-3 decision in favor of the defendants, the
Supreme Court reversed the Court of Appeals and found in favor of the defendants and the position
asserted by the GDLA. Dan Huff, Huff, Powell & Bailey, Atlanta, wrote the brief for the GDLA.