Medical Malpractice Damage Caps Struck Down
3/23/10
By Philip W. Savrin and Jonathan J. Kandel
Six months after hearing oral arguments in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 2010 WL 1004996 (Ga. Mar. 22, 2010), the Georgia Supreme Court struck down O.C.G.A. § 51-13-1, which had limited …
The Supreme Court of Georgia Upholds the Offer of Settlement Statute
3/15/10
By: Matthew P. Stone and Todd H. Surden
Today, in Smith v. Salon Baptiste, 2010 WL 889557 (Ga. Mar. 15, 2010), the Supreme Court of Georgia upheld O.C.G.A. § 9-11-68, Georgia’s offer of settlement statute. The statute, which is part …
Non-settling Co-defendants Be Warned: Set-offs May Be Dead in Georgia
3/1/10
By Sun Choy and Jacob E. Daly
In personal injury cases, plaintiffs often sue multiple defendants with “deep pockets” in order to maximize the potential for recovery. If the defendants are determined to be joint tortfeasors, then all defendants are …
Rigid Leave Policies Draw EEOC Ire
3/1/10
By Fred Dawkins and Betsy Turner
In early February, the Equal Employment Opportunity Commission (EEOC) finalized the largest single-lawsuit Americans with Disabilities Act (ADA) settlement in its history. Pursuant to that settlement, Sears will distribute $6.2 million to resolve the …
Understanding the Perils of Submitting an Incorrect Public Works Bid
3/1/10
By Arthur Ebbs
There is no denying that private construction work is generally down in the present economy. Yet during this lull in private work, it is anticipated that funds from the American Reinvestment and Recovery Act will ultimately provide …