Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Georgia Employers Must Become Familiar With State’s New Paid Leave Law
7/9/18
By: Will Collins
Across the country, there are an increasing number of state laws requiring that employers provide paid sick leave, including paid leave for the care of a family member. For instance, under the Georgia Family Care Act, …
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan
One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, …
Georgia Prescription Drug Monitoring Program – The Last Deadline Approaches
6/27/18
By: Shaun Daugherty
For those of you that have not been residing off planet these last few years, you know that there is a lot of coverage of the opioid “crisis” across the United States. Many states have taken steps …
$10M Wrongful Death Verdict Against City of Albany Reversed on Sovereign Immunity Grounds
6/26/18
By: Wes Jackson
In a much-anticipated opinion, the Georgia Court of Appeals reversed a $10,640,000 trial verdict against the City of Albany on sovereign immunity grounds. Freeman Mathis & Gary attorneys Sun Choy, Jake Daly, and Wes Jackson…
Georgia Supreme Court Grants Certiorari In Failure to Settle Case
6/25/18
By: Bill Buechner
The Georgia Supreme Court recently granted an insurer’s petition for certiorari in a bad faith failure to settle case to consider what constitutes an offer to settle a claim within policy limits and whether an insurer’s duty …
Little Miller, Big Implications
6/20/18
By: Samantha Skolnick
In Georgia, when an individual performs work on a state construction project, they can file a lien for non-payment. The lien is against the project through Georgia’s Little Miller Act. The claim itself is not against the …
Eleventh Circuit Rejects Insured’s Claim for Coverage for $10.7 Million Loss Under Computer Fraud Policy
6/18/18
By: Bill Buechner
The Eleventh Circuit recently held that an insured could not recover $10.7 million in losses under a computer fraud policy covering losses “resulting directly from” the use of a computer to fraudulently cause a transfer of funds.…
Something Rotten: Spoliation Claims Against a Plaintiff
6/15/18
By: Sean Ryan
The Georgia Supreme Court recently clarified that same duty and standard applies to a plaintiff as to a defendant in assessing potential spoliation claims. In Cooper Tire & Rubber Co. v. Koch, 303 Ga. 336 (2018), …
Georgia’s Making a List and Long-Term Care Organizations Must Check It Twice
5/24/18
By: Will Collins
This month, Georgia’s Governor signed into effect a law implementing a comprehensive background check system in an effort to target and curb elder abuse, placing additional screening, notice, and retention requirements on long-term care organizations as well …
Shortening the Statutory Limitations Period in a Residential Lease
5/23/18
By: Jake Daly
Every state has statutes or rules governing the time within which various types of claims must be filed. In Georgia, the general rule is that a personal injury claim must be brought within 2 years of the …
Cybersecurity in Georgia Hits a Roadblock
5/14/18
By: Ze’eva Kushner
On May 8, 2018, Georgia’s Governor Nathan Deal made a controversial decision to veto a cybersecurity bill. Issued in the wake of the massive data breach of Atlanta-based Equifax, among other data breaches across the country, the …