6 results for 'judge:"Cheesbro"'.
J. Cheesbro partially grants a doctor's motion to compel discovery and production of documents in a defamation action arising after a media company aired four shows in September 2020 which contained allegedly false statements about the doctor related to gynecological care of ICE detainees. The media company is ordered to produce documents in response to three requests related to scripts referencing the doctor or allegations of inappropriate gynecological medical care of detainees, as well as internal and external communications involving 23 individuals. The company is not obligated to produce scripts and draft scripts created after Sept. 17, 2020 because they are not relevant to the inquiry as to actual malice.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: November 28, 2023, Case #: 5:21cv56, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Discovery
J. Cheesbro partially denies the hospital's motion to exclude expert testimony from two doctors and a professor in a medical malpractice and fraud action brought by the patient alleging that the hospital altered and fabricated medical records and failed to obtain informed consent. The doctors' reliance on the patient's medical records and on a video, the veracity of which has been disputed by the hospital, is reasonable. However, the hospital's motion to exclude the professor's testimony is granted because the patient failed to disclose his expert report. The hospital's amended motion to exclude expert testimony is denied as untimely.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 22, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Experts, Medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a fraud and medical malpractice action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to obtain informed consent. The patient sought an order requiring the hospital to produce records of septoplasty surgeries performed by a doctor, sign-in sheets bearing the patient's signature, a roster or register of hospital employees with the last name "Vaughn" and other documents. The request for records of previous surgeries is untimely and the patient cannot obtain a hospital employee's medical records because she did not waive her medical records privilege. The patient failed to show that the requested sign-in sheets and employee roster exist.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a medical malpractice and fraud action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to provide informed consent. The patient seeks the deposition of the hospital's general counsel, production of personnel files for three hospital employees, documents related to an internal investigation of a doctor and attorney fees. The patient failed to show any need to depose the general counsel and the personnel files are irrelevant because there is no indication the employees participated in any negligence or fabrication underlying the patient's claims.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
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J. Cheesbro denies the home sellers' motion to exclude testimony from the buyers' expert in a fraud and breach of contract action arising after the buyers discovered the home had water intrusion defects. The expert may offer testimony on whether the property suffered from long-term water intrusion, the duration of the water intrusion and whether the property can be occupied during repair efforts. The expert has more than 30 years of experience in indoor air quality, building diagnostics and HVAC systems hygiene and is qualified to give an opinion on the extent of the mold damage even though he used lab testing to identify the presence of mold.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 15, 2023, Case #: 5:22cv10, NOS: Other Contract - Contract, Categories: Fraud, Experts, Contract