Lisa Boggs

Adoptive parent entitled to adoption assistance benefits denied due to agency error.

Human Services

Petitioner, the adoptive parent of two children, was denied adoption assistance benefits because a caseworker failed to submit a timely application on her behalf and, consequently, no adoption assistance agreement was in place prior to finalization of adoption.  The caseworker’s error constituted an extenuating circumstance meriting reversal of the application denial.

Adoptive parent entitled to adoption assistance benefits denied due to agency error. Read More

Recycling and composting operation’s failure to abide by permit terms results in revocation.

Environmental Law

The Georgia Department of Natural Resources issued an administrative order revoking a Solid Waste Handling Permit and a National Pollution Discharge Elimination System Permit (“NPDES Permit”) issued to Wilbros, LLC, a commercial recycling and composting operation, for alleged violations of Georgia law, solid waste management and water quality control regulations, and the terms of a

Recycling and composting operation’s failure to abide by permit terms results in revocation. Read More

Deposition transcripts from prior malpractice case admissible over hearsay objection, Daubert challenge.

Professional Licensing

Transcripts from a deposition in a prior medical malpractice lawsuit involving the same facts giving rise to the Georgia Composite Medical Board’s disciplinary action against Respondent, a surgeon, were admissible under a hearsay exception because the Board demonstrated that the witnesses were unavailable and Respondent had opportunity and similar motive to develop the deponents’ testimony

Deposition transcripts from prior malpractice case admissible over hearsay objection, Daubert challenge. Read More

Testimony consisting of witnesses’ interpretation of statutory provision improper and irrelevant.

Procedure

After exchanging witness lists, the parties filed various motions seeking to exclude the testimony of various witnesses at the evidentiary hearing, citing evidentiary law governing relevance and expert and lay witness testimony.  In response, the Court issued an order outlining the general rules that would govern the admissibility of testimony at the hearing, which forbade

Testimony consisting of witnesses’ interpretation of statutory provision improper and irrelevant. Read More

Out-of-state suspension of hunting license recognized in Georgia pursuant to interstate compact.

Environmental Law

The State of Florida suspended Petitioner’s hunting, fishing, and trapping privileges.  Both Georgia and Florida are members of the Interstate Wildlife Violator Compact (the Compact).  Because member states are required by the Compact to treat a suspension “as if it had occurred in their state,” Petitioner’s hunting, trapping, and fishing privileges were likewise suspended in

Out-of-state suspension of hunting license recognized in Georgia pursuant to interstate compact. Read More

Failure to accommodate request for independent test renders state’s test results inadmissible.

DUI

The arresting officer obtained an additional state-administered chemical test in response to a DUI suspect’s invocation of her right to an independent test.  Provision of the second state-administered test was insufficient to meet the statutory requirement that the arresting officer make efforts to accommodate the DUI suspect’s request for a test administered by qualified personnel

Failure to accommodate request for independent test renders state’s test results inadmissible. Read More

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