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., …
Prop 51: CA Supreme Court Creates Noteworthy Exception to Reduction or Apportionment of Non-Economic Damages
11/10/20
By: Zachary Price
Under Proposition 51, although all defendants in California are liable to a plaintiff for 100% of plaintiff’s economic damages (including such things as medical expenses and lost earnings), defendants are only liable for noneconomic damages (such as …
Sidewalk Trip & Falls – Business Beware
11/6/20
By: Robert Bazzo
Recently the California Court of Appeal, Second Appellate District (Division Two) heard the case of Jose Luis Lopez, Jr. v. City of Los Angeles and Wally’s Wine & Spirits, Et Al. (B288396.) The case involves a pedestrian …
Seeking Sanctions Against a Dishonest Plaintiff
10/19/20
By: Jennifer Adair
Sanctions for discovery abuses are not a weapon reserved for the plaintiff, and defense attorneys should not shy away from pulling this arrow from their quiver when misrepresentations by the plaintiff are so egregious that a vigorous …
U.S. Employers Face Threat of Exposure to New COVID “Take Home” Lawsuits
10/6/20
By: Sean Riley
Take-home or household exposure lawsuits have been a facet of asbestos litigation for years, allowing mesothelioma victims who came into contact with asbestos that was brought into their homes on the clothing of their spouses, parents, or …
COVID-19 Related Tort Lawsuits On The Rise? Not So Fast, My Friend
9/29/20
By: Gregory Blueford
As summer turns to fall and football returns to fill our weekends, the unwelcome reality of COVID-19 still has a firm grasp on day-to-day life across the globe. Earlier this month, we outlined the HEALS Act’s Tort Immunity …
A Death Knell to Georgia’s Draconian Default Law?: Bowen v. Savoy May Be A Defense Lawyer’s Best Tool for Opening 45+ Day Default
9/28/20
By: Janeen Smith
The risk posed by failing to timely file an answer in Georgia keeps defense counsel up at night. While no defendant nor defense counsel intends to cause a case to be in default, things happen. The Georgia Supreme …
California’s New Normal: Electronic Service and Remote Depositions
9/25/20
By: Marshall Coyle
Prior to California Governor Gavin Newsom approving Senate Bill 1146 on September 18, 2020, California law provided that, for cases filed on or after January 1, 2019, if a document may be served by mail, express mail, …
To Shovel or Not to Shovel: New Jersey Appellate Court Revamps the “Ongoing Snowstorm” Rule for Commercial Landowners
9/24/20
By: Ashley Hobson
New Jersey Courts have long recognized an “ongoing snow-storm” rule. The rule relieves commercial landowners from liability when an injury occurs on their property while there is an active weather event such as snow or sleet. The …
COVID-EO JURY TRIALS – Challenges Imposed By Virtual Jury Trials During COVID-19 And Alternatives To Best Serve The Interests Of The Client
9/22/20
By: Stacey Bavafa
In March of 2020, the United States judicial court system experienced an unprecedented disruption when most courts decided to close their doors and suspend jury trials due to the COVID-19 pandemic. Now, approximately 6 months into the …
Federal Court Considers Jurisdiction Over Japanese Autonomous Auto Accident
9/18/20
By: Wes Jackson
On September 8, 2020, a federal court in California heard arguments as to whether it will exercise jurisdiction over a wrongful death lawsuit against Tesla. While the case presents an interesting forum non conveniens issue, it is …
Changes in the Landscape of Civil Litigation in the COVID-19 Era
9/17/20
By: Christopher Lee
As economic and social norms have been drastically altered over the course of these last several months in the COVID-19 era, so too has the effect been on civil litigants on both sides and the considerations being …