Arbitration Clauses in Legal Engagements Are Not Per Se Void
9/17/20
By: Dana Maine
Joining with most other jurisdictions, the Georgia Supreme Court affirmed a Court of Appeals decision finding that arbitration clauses in attorney engagement agreements are not against public policy and clarified the burden of persuasion for demonstrating procedural …
Is It a New World for Punitive Damages in Georgia?
8/5/20
By: Aaron Miller
The Georgia Supreme Court recently decided a punitive damages issue that could have far-reaching impact on tort cases. In Reid v. Morris, 2020 GA. Lexis 472 (2020), the Court decided whether an individual that simply loans a …
Assumption of the Risk in Georgia – Is “Common Sense” Finally the New Standard?
6/4/20
By: Aaron Miller and Wayne Melnick
Assumption of the risk is an important affirmative defense for defense attorneys. Typically, in order to receive a jury charge for assumption of the risk, defense attorneys must demonstrate the plaintiff him/herself actually knew …
Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia
law permits the award of attorney’s fees to a claimant where the party
defending the claim has “acted in bad faith” in making the contract, has been
stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Georgia High Court to Rule on Damages Required for Data Breach Claims
9/3/19
By: Amy Bender
The Georgia Supreme Court soon will weigh in on the ongoing debate within the courts of when individuals may bring claims based on data breaches involving their personal information when they have not suffered any actual financial …
Sovereign Immunity Finally Bars $10.6 Million Judgment Against City of Albany
4/30/19
By: Wes Jackson
Following up on our recent blog post highlighting the Georgia Court of Appeals’ decision to reverse a $10.6 million trial verdict against the City of Albany on sovereign immunity grounds, we are pleased to announce that the …
McKinney Due Process Analysis Alive and Well in the Eleventh Circuit
4/9/19
By: Dana Maine
This will be a short blog: “The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful …
Georgia Supreme Court Clarifies the Essential Elements of a Failure to Settle Claim within Policy Limits
3/18/19
By: Phil Savrin
In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the …
$10M Wrongful Death Verdict Against City of Albany Reversed on Sovereign Immunity Grounds
6/26/18
By: Wes Jackson
In a much-anticipated opinion, the Georgia Court of Appeals reversed a $10,640,000 trial verdict against the City of Albany on sovereign immunity grounds. Freeman Mathis & Gary attorneys Sun Choy, Jake Daly, and Wes Jackson…