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 way to bring final closure to the matter. Frequently, that involves entering into a nominal…
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., ___ Ga. ___ , 2020 Ga. LEXIS 760 (Case No. S19G1478, decided Oct. 19,2020). This means that defense…
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 cross-examination at trial simply will not suffice. Rather, defendants should consider whether to petition the…
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 made by the parties engaged in litigation. As discussed more fully below, many disputes will…
Efficacy of Covid-19 Liability Waivers
9/2/20
By: Caleb Saggus Liability waivers are not new, but Covid-19 is. As we try to venture back to some form of normalcy, the effects of Covid-19 remains a topic of legal uncertainty. The private sector is playing a part in shaping the legal parameters of responses to Covid-19 by in some instances requiring their respective patrons to…
Update: Immunity for COVID-19 Claims in Georgia
7/2/20
By: Jake Daly After being interrupted by three months because of COVID-19, the Georgia General Assembly finally completed its 2020 session on June 26. The final ten days saw a flurry of activity as legislators raced to pass a budget, a hate-crimes bill, and many other bills. One of the legislators’ new priorities was to provide immunity…
Immunity for COVID-19 Claims in Georgia
6/16/20
By: Jake Daly Following a three-month layoff due to COVID-19, the Georgia General Assembly reconvened on June 15 to complete its business for the 2020 session. With only ten legislative days remaining as of June 15, 2020, there is limited time to deal with new and old priorities. One of the new priorities is a bill providing…