5/13/21
By: Phil Savrin and Alexia Roney
In an appeal before the Supreme Court of Georgia involving two multi-million dollar judgments, the Georgia Defense Lawyers Association tapped FMG Attorneys Phil Savrin and Alexia Roney to author an amicus brief on the …
4/28/21
By: Steven Grunberg
Do you ever feel like your dedication to your job is questioned? For one employee of a garbage and recycling disposal company there is little doubt surrounding the answer to this question. In March 2018, Lorenzo Bucknor …
4/2/21
By: Joshua Ferguson
Maryland Court of Special Appeals discussed the emerging Reptile Theory approach favored by plaintiffs’ attorneys. Reptile Theory approach encourages jurors to favor personal safety and the protection of family and community above the law. Courts have previously …
3/15/21
By: Tia Combs
As Kentucky looks to reopen its courts for jury trials on May 1, 2021, practitioners looking to brush up on their trial skills may want to take note of Skarupa v. Owensboro Health Healthpark, 583 S.W.3d …
Massachusetts SJC Restricts Standard of Causation in Cases Involving Multiple Tortfeasors
3/10/21
By: Marc Finkel
In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) recently discontinued use of the substantial contributing factor standard of factual causation in matters where multiple sufficient causes of liability may exist amongst multiple defendants. In Doull v. …
Extension Of COVID-19 Liability Protections For Georgia Businesses May Be On The Horizon
3/9/21
By: Aaron Miller
The Georgia House voted 99-68 in favor of House Bill 112 on February 9th, 2021, sending the bill to the Georgia Senate. The bill, which extends liability protections granted to local businesses under the Georgia …
Obligation to Medicare when Plaintiff Is at Fault
1/22/21
By: Jennifer Adair
You have a slam dunk case. Perhaps you have already won your case at trial or on summary judgment. Once the celebrations subside, defendants and insurers in such situations began to evaluate the fastest and most cost-efficient …
New Jersey Courts Implement Plan For Virtual Civil Jury Trials During COVID-19 Pandemic
1/11/21
By: Daniel Baylson
The New Jersey court system has finally rolled out its plan for virtual civil jury trials during the ongoing COVID-19 pandemic. On January 7, 2021, the NJ Supreme Court authorized a two-phase approach to implementing virtual civil …
Sudden Emergency Defense- Suddenly disappears in Pennsylvania?
1/7/21
By: Josh Ferguson
The Pennsylvania Supreme Court recently issued an opinion that appears to limit, if not eliminate, the sudden emergency defense in motor vehicle accident claims. Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020).
In that matter, …
Liability for Injuries Caused by COVID-19 Vaccines
1/7/21
By: Jake Daly
Now that COVID-19 vaccines are being administered to millions of people across the country, it is worth asking whether the manufacturers of these vaccines (and others) can be liable for injuries they cause to recipients. This question …
Coronavirus Effect? Tort Filings Are Down In 2020, but Products Liability Suits Are Way Up
12/17/20
By: Barry Miller
Tort lawsuit filings in federal district courts dropped by 27 percent in 2020 according to Lex Machina, the legal analytics arm of Lexis.
The service compiled statistics for suits filed between January 1 to December 6, 2020, …
Getting Strict with Georgia’s Apportionment Statute: Johns v. Suzuki Motor Corp
11/24/20
By: Janeen Smith
The Supreme Court of Georgia recently held that Georgia’s apportionment statute, O.C.G.A. § 51-12-33, applies to strict products liability claims brought pursuant to Georgia’s product liability statute, O.C.G.A. § 51-1-11. Johns v. Suzuki Motor of Am., …