Jay Daniel Brownstein's Legal Cases (3)

Business

Rivell et al. v. Private Healthcare Systems, Inc. et al. (Eleventh Circuit Court of Appeals)

Mar 24, 2008

OUTCOME: Trial court's dismissal of plaintiffs' claims was overruled; held that plaintiffs' appropriation claim was not precluded by plaintiffs' network agreements

Putative class action against manager of private healthcare networks and medical discount card company brought on behalf of Georgia physicians alleging unlawful appropriation of doctors' names and iden ... tities in the marketing and sale of discount cards.

Debt and lending agreements

Austin v. Ameriquest Mortgage Corp. (U.S. District Court, Northern Dist. of GA)

Feb 27, 2007

OUTCOME: Plaintiff's motion was granted, and the case was transferred back to state court rather than being combined with hundreds of other lawsuits pending in federal court. Case later settled for confidential sum.

Plaintiff borrower brought suit against lender in state court alleging fraud and related claims in connection with issuance of mortgage loan. Lender, who was party to hundreds of similar actions pendin ... g in federal court, transferred the case to federal court contending that the suit was improperly brought in state court. Plaintiff moved to remand the case back to state court.

Personal injury

Lam v. Nationwide (Georgia Court of Appeals)

Feb 19, 2001

OUTCOME: Held that plaintiff was entitled to recover for aggravation of mental illness, despite having suffered no physical injury.

Plaintiff suffered aggravation of mental illness, but no physical injury, in automobile collision. Insurer moved to dismiss claim based on Georgia's "no-contact" rule requiring a physical injury for re ... covery. Trial court denied motion, and insurer appealed.

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