6/14/19
By: Michelle Yee
In 2015, there was major news coverage that a former Williamsport police officer pled guilty to involuntary manslaughter and several other charges. This case stems from a fatal automobile accident that occurred between James David Robinson and …
California Court Rules That Payroll Companies Are Not Liable For Employer’s Wage And Hour Violations
4/25/19
By: Michael Shepherd
The California Supreme Court recently provided clarity to payroll companies in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817. In Goonewardene, Plaintiff alleged claims of negligence and negligent misrepresentation against a payroll company based on wages …
Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll
Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is …
The Power Of Animations Outside The Movie Theater
3/15/19
By: Matthew Jones
The use of animations in the courtroom is becoming more and more popular given the ruling in the case People v. Duenas (2012) 55 Cal.4th 1. The Duenas court equated animations to demonstrative evidence, specifically stating “a …
Serving That Whiskey Might Be Risky – Liability Of Social Hosts In DUI Accidents
2/15/19
By: Stacey Bavafa
Under California Civil Code Section 1714, social hosts and other third parties may be held to be partially liable in the event of a drunk driving accident depending on the circumstances that led up to the accident. …
Waiving the Right to Remove State Court Actions
2/13/19
By: Justine Baakman
Boilerplate Demands for Relief in Pennsylvania Complaint Alone Sufficient to Support an Amount in Controversy Exceeding $75,000
The Eastern District Court of Pennsylvania recently held that one may waive the right to removal to federal court even …
A Series of Particular Events: Foreseeability and the First Circuit
2/6/19
By: Thomas Hay
A three-judge panel on the First Circuit denied Omni Hotel’s petition for review of their decision to overturn a lower court ruling that awarded summary judgment to Omni and reinstated a negligence charge filed by a man …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
PUNITIVE DAMAGES: How Much Is Too Much?
11/1/18
By: Rebecca Smith
On August 10, 2018, in the first Roundup cancer lawsuit to proceed to trial, a jury awarded Dewayne Johnson a total of $289 million dollars. On Monday, October 22, 2018, a San Francisco Superior Court Judge refused …
Independent Contractor Or Employee?
9/20/18
By: Marshall Coyle
The California Supreme Court has established an “ABC test” that could make it extremely difficult for the state’s truckers to use independent contractors. In Dynamex Operations West Inc. v. Charles Lee, (Case S222732, April 30, 2018) the …
Murphy's Law and The Exception to Georgia's Impact Rule
9/17/18
By: Jason Kamp
Claims for negligent infliction of emotional distress are limited by the Impact Rule in Georgia. In a recent attempt to keep the sole exception from swallowing the Impact Rule, the Supreme Court of Georgia may have done …
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan
One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, …