6/30/20
By: Gregory Blueford In a case of first impression, the Georgia Court of Appeals reversed a trial court’s order granting a motion to dismiss after determining the trial judge improperly dismissed the case because the expert affidavit in support of the complaint was written by a law partner of the filing attorney. Plaintiff David Mitchell…
Georgia’s Statute of Repose Bars Contractual Claims Involving Deficient Construction
11/21/19
By: Jake Carroll Georgia’s statute of repose provides an eight (8) year deadline for actions seeking to recover damages for deficiencies in construction.[1] The period runs from the substantial completion of the work, and was enacted with the intent of establishing an outside time limit on actions arising out of the improvement of real property.…
When is Enough Enough? A Claim of Legal Malpractice in the Course of Settlement Negotiations
11/15/19
By: Jake Loken The Georgia Court of Appeals confirmed in Smiley v. Blasingame, Burch, Garrard & Ashley, P.C., decided on October 30, 2019, that when a claim of malpractice occurs regarding settlement negotiations, an alleged breach is immaterial if a plaintiff cannot prove that the breach resulted in damages to the plaintiff. Said another way,…
Municipalities Continue Winning at Georgia Court of Appeals
10/31/19
By: Sun Choy and Wes Jackson Last week the Georgia Court of Appeals issued a favorable ruling for the City of Statesboro that will benefit municipalities (and their insurers) across the state. The decision included two advantageous decisions for municipalities concerning “nuisance” claims against cities premised on third-party criminal conduct and the extent to which…
Sovereign Immunity Finally Bars $10.6 Million Judgment Against City of Albany
4/30/19
By: Wes Jackson Following up on our recent blog post highlighting the Georgia Court of Appeals’ decision to reverse a $10.6 million trial verdict against the City of Albany on sovereign immunity grounds, we are pleased to announce that the Georgia Supreme Court has declined to review the Court of Appeals’ decision. The Supreme Court’s…
Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is a “limitation of liability” provision, which is commonly used in agreements for services—especially professional services,…
Employee Claim is Scattered, Smothered, and Covered by Waffle House Arbitration Agreement
10/19/17
By: Brad Adler and Will Collins A recent Georgia Court of Appeals case not only reinforced that state law permits the Federal Arbitration Act (“FAA”) to control arbitration agreements, but also illustrated that state law broadly interprets and defines claims arising from employment when determining whether a claim is covered by an arbitration agreement. In…
LOL (Limitation of Liability) Clauses in A&E Contracts: He who laughs last, laughs best
10/11/17
By: Cheryl H. Shaw It’s no coincidence that the abbreviation for “Limitation of Liability” is LOL. That’s the reaction design professionals often get when they include an LOL clause in a contract proposal. LOL or “exculpatory” clauses limit the designer’s liability for future claims—usually to the cost of services or a fixed dollar amount. Clients…
7/12/13
By: Wayne S. Melnick Since they came into existence as part of the 2005 Tort Reform Act, Rule 68 Offers of Settlement have become an effective weapon in the defense attorney’s arsenal. Pursuant to O.C.G.A. § 9-11-68, these offers allow a party to tort litigation in Georgia to make an offer of settlement to…
Georgia Court of Appeals Decides Rare Case on Electronic Discovery
6/27/13
By: Bart Gary On June 18, 2013, the Georgia Court of Appeals decided a case involving electronic discovery. In a business dispute, and in response to about 100 unique requests for production of documents from the plaintiff, defendants scanned all paper documents in their files in the form and order in which they were keep…