Implementation of Pennsylvania’s Fair Share Act Continues to Snag Courts and Defendants Alike
4/27/17
By: Erin E. Lamb From the common law period through 2011, the Commonwealth operated under a system of joint and several liability. Joint and several liability meant that any and all defendants were “in for a penny, in for a pound.” Any defendant found liable – even 1% liable – was on the hook for…
Anti-Indemnification Bills and Their Effect on the Snow and Ice Management Industry
3/28/17
By: Courtney Mazzio Recently, there has been a movement in the snow and ice management industry to reduce the ability of contracting parties to transfer risk in the service contracts through indemnification clauses. To that end, there are anti-indemnification bills in various stages of the legislative process throughout the country. The Snow Removal Service Liability…
Georgia’s 8 Year Statute of Limitations for Tort Victims of Unidentified Criminals
3/17/17
By: Jason Kamp The longevity of certain crime-related tort claims seemingly increased four-fold. Georgia tort claims are typically extinguished by the statute of limitations after two years, unless the limitations period is tolled. One source of tolling is O.C.G.A. § 9-3-99. It tolls the limitations period for tort claims brought by victims of crime for…
Helping to Ensure Enforceability of a Mediated Settlement
2/7/17
By: Jeremy W. Rogers In the past few years, I have come across situations more frequently where the parties to a lawsuit reach an agreed settlement at mediation but, for a myriad of potential reasons, the parties or counsel do not later agree upon all of the terms you reached just days or even…
1/31/17
By: Kevin R. Stone In Goldstein, Garber & Salama, LLC v. J.B., the Georgia Court of Appeals was faced with a case in which a nurse anesthetist (Paul Serdula) sexually assaulted a dental patient (J.B.) while she was sedated for a surgical procedure. Serdula pleaded guilty and went to prison. J.B. filed a civil lawsuit…
The Fraudulent Joinder Prevention Act of 2016: Leveling the Removal Playing Field
11/21/16
By: Jacob E. Daly Generally speaking, at least in personal injury cases, plaintiffs prefer to litigate in state courts while defendants prefer to litigate in federal courts. Federal law has long permitted defendants to remove cases filed in state court to federal court based on diversity of citizenship, but only if there is complete diversity…
The Jury Did WHAT? The Recent Trend towards Large Verdicts in Personal Injury Cases
10/3/16
By: Andrew Treese The time may have come to ask whether we can continue to cling to the notion – it if was ever true – that evaluation of verdict range may be based upon some integral multiplier of special damages. More and more, seven and eight figure verdicts are being awarded in personal injury…
Apartment Management and Owners Increasingly on the Hook for Violent Crime
9/26/16
By: Wes Jackson Unknown assailants killed a 33-year-old father of three during an apartment robbery in 2015. Earlier this month, a Clayton County jury determined the apartment complex where the robbery occurred is liable for half of the $20 million verdict in the father’s wrongful death action. The jury apportioned 50% of the fault for…
FDA Continues to Fight the First Amendment But Facteau Deals Another Blow
8/18/16
By: Kristian Smith Last month, a federal jury in Massachusetts acquitted two executives of medical device company Acclarent, Inc. of 14 felony counts of fraud related to off-label promotion of Acclarent’s “Stratus” device. United States v. Facteau, et al. stemmed from the distribution of Acclarent’s Relieva Stratus Microflow Spacer (“Stratus”) for off-label use. Although Stratus…
Ninth Circuit Issues Two Significant FDCPA Rulings To Debt Collector Law Firms
8/18/16
By: Bill Buechner The Fair Debt Collection Practices Act requires that debt collectors send a notice to the consumer containing certain required disclosures, either in the “initial communication” with the consumer in connection with the collection of a debt or within 5 days thereafter. 15 U.S.C. § 1692g. In this validation notice, the debt collector…
The Hearsay Exception for Market Reports
7/15/16
By: Ryan Babcock The hearsay exception for “compiled information” or market reports is an important tool that allows for the admission of such evidence notwithstanding the hearsay rule, but it is generally strictly applied by the courts. For that reason, counsel must carefully consider whether the rule permits the admission of such evidence in developing…
Hearsay Exception for Recorded Recollections: Pitfalls to Avoid
7/15/16
By: Ryan Babcock Rule 803(5) of the Federal Rules of Evidence operates as an exception to the hearsay rule, provided the requirements governing the rule as to the “recorded recollection” are satisfied. The rule is as follows Recorded Recollection. A record that: (A) is on a matter the witness once knew about but now cannot…