Improving Physicians’ Bedside Manner: Saving Hospitals Dollars because it Makes Cents
4/25/13
By: William Ezzell
Recently, the Wall Street Journal reported on efforts by health care providers and educators alike to improve ways doctors communicate with patients. Following the scrutiny and reform of the health care industry over the past few years, …
NLRB Provides Guidance on Investigation Confidentiality Policies
4/22/13
By: Anthony Del Rio
In July 2012, the National Labor Relations Board (“NLRB”) ruled that a blanket policy requiring confidentiality during all internal workplace investigations violates employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). The ruling …
Does the Fourth Amendment Allow for a Forced Blood Draw after a DUI? – Part II
4/22/13
By: Sun Choy
In a previous post, I posed this question in light of the oral argument in Missouri v. McNeely. This week, the Supreme Court answered by holding that requiring a warrant under the Fourth Amendment “must be …
State Legislature Enters the Unfamiliar Realm of Regulating Legal Practice and Passes Laws Prohibiting Assignability of Legal Malpractice Claims
4/18/13
By: Dana Maine and William Ezzell
Following last month’s unanimous opinion from the Georgia Supreme Court that legal malpractice claims were not per se unassignable, the State Bar of Georgia successfully implemented a counterstrike aimed at barring the assignment of …
SCOTUS Rules Employers May “Pick-Off” FLSA Plaintiffs
4/18/13
By: Anthony Del Rio
The U.S. Supreme Court has issued its opinion on a case regarding whether an employer may “pick-off” the named plaintiff in a Fair Labor Standards Act (“FLSA”) collective action. The Court ruled 5-4 in favor of …
Attention All Georgia Probate Court Judges: Convicted Felons are Eligible for Weapons Carry License without a Pardon
4/16/13
By: Coleen Hosack
A Probate Court Judge in the State of Georgia must issue a Weapons Carry License to a convicted felon even if no pardon is produced, if the applicant can produce an Order of Restoration issued by the …
Electronic Records Increase Incidence of Overlooked Test Results
4/12/13
By: Mary Ellen Lighthiser
Many health care providers have begun to shift towards digitizing health care records in an effort to streamline their clerical duties and free up more time to spend with patients. While the use of electronic medical …
Supreme Court Snuffs Warrantless Sniffs at the Stoop
4/9/13
By: Brian Dempsey
In a 5-4 decision, the Supreme Court recently decided that a narcotics detection canine’s sniff at the front door of a suspected marijuana grow house is a search requiring probable cause and a warrant. (Florida v. …
Court of Appeals Breathes New Life into Joint and Several Liability in Georgia
4/4/13
By: Phil Savrin
For many years, the rule in Georgia was that tortfeasors could be liable jointly and severally for bodily injury or death, without apportionment unless the plaintiff was found to be some part at fault. If a plaintiff …
Georgia’s Emergency Room Statute Further Defined
4/3/13
By: Scott Rees
In Johnson v. Omondi, 318 Ga.App. 787 (Nov. 27, 2012), the Court of Appeals further defined the contours of Georgia’s emergency room statute (O.C.G.A. 51-1-29.5), which was enacted in 2005, but has had little guidance as …
Right of Contribution among Joint Tortfeasors is Still Viable in Georgia
4/2/13
By: Bart Gary
Most believed that the right of contribution among joint tortfeasors (two or more persons whose negligence combine to cause injury or damage) was abolished in Georgia in 2005 when the tort reform legislation went into effect. On …
Stranger Danger: Georgia Joins Minority View and Allows Assignability of Legal Malpractice Claims
4/2/13
By: Dana Maine
Legal malpractice carriers be aware that you will now be on the hook for defending your insureds in actions brought by strangers to any attorney-client relationship. The Georgia Supreme Court just answered the question on the minds …