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  • November 29, 2022 | Law.com

    Sixth Circuit: State's Challenge Against $195.3B ARPA Aid Is Moot

    "In essence, Ohio said, by offering such a generous aid package during an economic crisis, the federal government left Ohio with 'no real choice' but to accept the funds," stated Judge John K. Bush. "And such coercion was especially egregious because of its intrusion upon Ohio's 'sovereign authority to set tax policy as it sees fit.'"

    5 minute read

  • Appellate Division, Second Department: November 29, 2022

    Publication Date: 2022-11-29
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department, Hand Down List
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Handdown List released on: November 23, 2022

  • November 28, 2022 | Texas Lawyer

    Divided Dallas Appeals Court Reiterates Medical Limits to Discovery

    "When a court wades into the sensitive area of a blanket exposure of a minor's mental health records there has to be some basis for that," said plaintiffs attorney Mark Sparks.

    5 minute read

  • Lakeway Psychiatry v. Brite

    Publication Date: 2022-11-28
    Practice Area: Attorney Compensation | Civil Appeals | Fee Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Palafox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 08-20-00144-CV

    In November 2019, Lakeway Psychiatry & Behavioral Health filed a lawsuit against one of its former clients, appellee Michelle Brite, over a disagreement about its payment policies. Although LPBH assisted clients in submitting claims to their insurance companies, it did not accept insurance and had disclaimer forms describing that it operated as a "cash only" business.

  • Georgia Department of Community Health v. Houston Hospitals, Inc.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Christopher Carr, Margaret Eckrote, Daniel Walsh, Crystal Lang, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta, for appellant.
    for defendant: Jason Bring, Michael Gray, Kara Gordon, (Arnall, Golden, Gregory), Atlanta, for appellee; Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Kathlynn Polvino, (KBP Law, P.C.), Atlanta, Stephen Ecenia, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, for other party.
    Case Number: A22A1013

    Court vacates orders that reversed a Department Health's grant of a Certificate of Need and remands to for Department to vacate and reconsider its decision

  • Northside Hospital, Inc. v. Northeast Georgia Medical Center, Inc. et al.

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Rozier, Charlotte Combre, Sanford Moore, (Baker & Hostetler LLP), Atlanta, Roger Hatcher, Matthew Smith, (Smith, Gilliam, Williams & Miles, P.A.), Gainesville, Robert Highsmith, (Highsmith V. Highsmith), Baxley, Robert Highsmith, (Holland & Knight LLP), Atlanta, Dorothy Cornwell, (Smith Moore Leatherwood, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Jameson Bilsborrow, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Thomas Cole, (Welchel, Dunlap, Jarrard & Walker, LLP), Gainesville, for appellee; Christopher Carr, Margaret Eckrote, Charles Thimmesch, (Office of the Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, for other party.
    Case Number: A22A1081

    Court reverses one superior court's denial of Certificate of Need for a radiation therapy center and affirms a second court's approval of it

  • Cartersville Medical Center, LLC d/b/a Cartersville Medical Center v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center

    Publication Date: 2022-11-25
    Practice Area: Regulation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Mariana Melendez, (Brinson, Askew, Berry, Rich, Seigler, Richardson), Rome, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), Rome, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta, for appellee; Christopher Carr, Stacey Hillock, Daniel Walsh, Cathelynn Tio, (Office of the Attorney General, Department of Law), Atlanta,
    Case Number: A22A0804

    Court reverses superior court order that rejected the Department of Health's decision to grant an application for a Certificate of Need for a new neonatal care unit

  • November 23, 2022 | Law.com

    Attorney Says His Dishonesty Doomed His Texas License While His Honesty Led to Maryland Disbarment

    "My question to the court would be that if a lawyer who reports his or her own misbehavior is going to be disbarred anyway, then what incentive does that lawyer have to report the misbehavior in the first place?" said former Maryland attorney Edward A. Malone.

    7 minute read

  • November 23, 2022 | The Legal Intelligencer

    Pregnancy Complications Not Enough to Trigger Accommodation Obligation

    Deeming it a case of first impression, the court was confronted with what information a disabled employee must provide to her employer to trigger the employer's duty to accommodate a disability under the Rehabilitation Act.

    8 minute read

  • AU Medical Center, Inc. v. Georgia Department of Community Health, et al.

    Publication Date: 2022-11-23
    Practice Area: Administrative Law | Civil Appeals | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, Cathelynn Tio, Christopher Carr, (Office of the Attorney General, Department of Law), Atlanta, Jennifer Hinson, (Rutledge Ecenia, P.A.), Tallahassee, Caylee Noggle, (Commissioner-C/O Office of Health Planning), Atlanta, Charles Thimmesch, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A22A1148

    Party Challenging Grant of Certificate of Need to Hospital Failed to Raise Claim Its Substantial Rights Were Prejudiced