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 …
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 …
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, …
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 …
What’s Uga Worth? The Georgia Supreme Court Provides the Calculus
6/30/16
By: Wes Jackson
Earlier this month, the Georgia Supreme Court clarified the appropriate measure of damages for family pets and other animals that are killed or injured due to a defendant’s negligence. Under the Court’s ruling in Barking Hound Village, …
“Occurrence” v. “Offense:" Understanding the Trigger of Coverage Under the Standard CGL Policy
6/28/16
By: Mandy Proctor
It is commonly understood in the insurance industry that the standard CGL policy provides coverage for bodily injury and property damage, which is caused by an “occurrence” resulting in loss during the policy period, as well as …
Police Body Cams – Look Before You Leap!
6/10/16
By: Sun Choy
Many in the media and the public believe that law enforcement agencies should be rushing to equip every officer with a body cam. While the focus is on the many benefits of body cams, there is little …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …