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FMG Law Blog Line

Archive for November, 2012

EEOC to Continue Focus on Systemic Discrimination

Posted on: November 1st, 2012

By Ben Mathis

Over the last few years, in both formal policy statements and in many public presentations, the EEOC has emphasized that it’s investigative and litigation focus is on cases involving “systemic discrimination.” In other words, the EEOC has focused on cases where there are “widespread” or “institutional” discriminatory practices. Most often, the EEOC has been very aggressive in cases concerning facially neutral policies which it believes have a discriminatory effect on minorities and individuals in protected classes or in cases where statistical evidence shows that the outcome in hiring or termination cases suggests a practice and pattern of discriminatory decisions. In this regard, the EEOC’s recent interpretive guidance regarding the use of background checks in hiring, released last April, is a concrete example of its efforts to address common employer practices which the EEOC contends lead to a “systemic” discriminatory hiring practice. (more…)

When is Medical Care Not an Emergency? Clever Lawyering Finds a Loophole in the Stringent Gross Negligence Standard

Posted on: November 1st, 2012

By Mike Flint and Laura Broome

In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that no health care provider who provided emergency medical care in a hospital emergency department, or surgery suite, etc., after the patient has been treated in the emergency room, shall be held liable for an action in medical malpractice unless it is proven by clear and convincing evidence that the physician or health care provider’s actions showed gross negligence. The standard for liability of emergency medical care personnel was changed thereby from ordinary negligence by a preponderance of the evidence to gross negligence by clear and convincing evidence. (more…)

Statutes Affecting Indemnification Agreements in Construction Contracts

Posted on: November 1st, 2012

By Kamy Molavi

It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in construction contracts. With respect to the degree of fault against which indemnity may be barred, two types of anti-indemnity statutes have emerged across the nation. We refer to them as “sole negligence” statutes and “any negligence” statues.  (more…)