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 …
Plaintiffs’ Burden to Establish Punitive Damages: Farmers & Merchants Trust Co. v. Vanetik
4/18/19
By: Jennifer Weatherup
A recent decision from the California Court of Appeal has outlined the requirements for establishing a defendant’s financial condition as a prerequisite to an award of punitive damages, and has further emphasized that it is the plaintiff’s …
Wrongful Death Versus Survival In California
12/11/18
By: Matthew Jones
There are many differences between a wrongful death action and a survival action. A wrongful death action may be filed by the personal representative of the decedent’s estate or the decedent’s surviving spouse/children. A survival action may …
Despite Causing Wildfires, PG&E Avoids Punitive Damages
8/2/18
By: Carlos Martinez-Garcia
On July 2, 2018, the Third Appellate District of California awarded Pacific Gas and Electric Company (PG&E) its first critical victory in defending itself against fire claims caused by its power lines: Butte Fire Cases, (2018) 24 …
Ordinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In $22 Million Reversal
4/17/18
By: Shaun Daugherty
The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for liability are distinctly different, but in certain factual scenarios there …