Immunity for COVID-19 Claims in Georgia
6/16/20
By: Jake Daly
Following a three-month layoff due to COVID-19, the Georgia General Assembly reconvened on June 15 to complete its business for the 2020 session. With only ten legislative days remaining as of June 15, 2020, there is limited …
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 …
Potential New Reporting Requirements for Long-Term Care Facilities in the Commonwealth in Response to COVID-19
5/14/20
By: Janet Barringer, William Gildea and Kevin Kenneally
In the wake of alarming reports from other states that nursing homes were forced to accept known COVID-19 positive residents, a policy which may have caused the spike in healthy nursing …
Massachusetts: Relief Funds For Nursing Home & Other Long-term Care Facilities Fighting COVID-19
4/27/20
By: Janet Barringer and William Gildea
Massachusetts Governor Charlie Baker announced on April 27, 2020 the Commonwealth will allocate $130 Million to nursing homes and other long-term care facilities in Massachusetts to assist in the ongoing battle against COVID-19. The …
State Governments Extend Limited Immunity to Healthcare Providers Engaged in Treatment of Coronavirus
4/17/20
By: Shaun Daugherty, Erin Lamb and Andy Treese
As doctors, nurses, respiratory therapists, and other
healthcare providers have thrown themselves wholly into the challenge of
fighting the coronavirus, some have asked whether they are exposed to new or
additional …
Ready Camera One: Remote Litigation in the Era of Social Distancing
4/7/20
By: Jennifer Adair, Jennifer Markowski and Andy Treese
Evaluating claims to move them towards resolution or trial is the lifeblood of a defense practice. This typically requires direct interaction with a plaintiff and key witnesses, either at deposition (to hear …
COVID-19: Protecting Those Who Protect Us
4/2/20
By: Parisa Saleki
The Volunteer Protection Act of 1997 (Public Law 105–19)
came into effect over two decades ago with a simple goal: promote volunteerism
by limiting, and sometimes eliminating, a volunteer’s risk of tort liability. The
recently enacted Coronavirus …
Federal Government Issues New CMS Guidance To Protect Nursing Home Residents From COVID-19
3/30/20
By: Kevin G. Kenneally, Michael P. Giunta and William E. Gildea
Nursing
home and skilled nursing facilities have been particularly hard hit by the
COVID-19 virus. The resident populations
are uniquely vulnerable and outbreaks in facilities nationwide have sparked
…
State and Federal Motor Vehicle Exemptions related to COVID-19
3/18/20
By: Josh Ferguson
The Federal Motor Carrier Safety Administration (FMCSA) issued a national emergency declaration and in doing so provided a limited exemption from driver safety regulatory requirements. The exemption applies “for motor carriers and drivers engaged in the transport …
Sticks and Stone Can Hurt People, But Disagreement Between NFL Players Is A Reminder That Words Also Can Hurt Us
2/20/20
By: Jeffrey Hord
In the final minute of last November’s NFL game between the Cleveland Browns and the Pittsburgh Steelers, Browns defensive end Myles Garrett ripped off Steelers quarterback Mason Rudolph’s helmet and swung it at Rudolph, hitting him in …
I CAN’T GET NO, SATISFACTION – The Doctrine of Accord & Satisfaction
2/12/20
By: Stacey Bavafa
There are two conflicting statutes that govern the issue of Accord and Satisfaction in California: California Code of Civil Procedure §1526 and California Commercial Code §3311.
Enacted in 1987, California Code of Civil Procedure §1526 states that …
Undefeated Records: Good for Sports & Business
11/1/19
By: Brittany Kurtz
A contentious rivalry between divisional foes late in the season fueled a halftime bathroom brawl in December 2014 leading a Dallas Cowboys fan to file negligence claims against the Philadelphia Eagles organization and its security manager at …