7/28/22
By: Patrick Cosgrove and Kayla Panek Pennsylvania has long been an outlier amongst jurisdictions in holding that clients cannot sue their attorney for legal malpractice after voluntarily agreeing to a settlement. A recent concurring opinion by a Pennsylvania Supreme Court Justice in Khalil v. Williams, et al. (July 20, 2022) suggests that it is only a…
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…
Holiday Office Parties: Serving Up Both Cheer … and Fear!
12/3/19
By: Melissa Whitehead There is no doubt that the Holiday Season is in full swing – and that means workplace holiday parties! While these festive events are great for increasing workplace camaraderie and celebrating achievements of the year, they are more well known for the high risk of inappropriate behavior. Somehow, companies that spend all…
3/18/19
By: Phil Savrin In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the “ordinary negligence” standard governs these types of claims and there is broad language in the…
A Series of Particular Events: Foreseeability and the First Circuit
2/6/19
By: Thomas Hay A three-judge panel on the First Circuit denied Omni Hotel’s petition for review of their decision to overturn a lower court ruling that awarded summary judgment to Omni and reinstated a negligence charge filed by a man who was beaten, and his arm broken by a group of individuals in Omni Hotel’s…
School Shootings: Is There a Constitutional Duty to Protect Students?
1/16/19
By: Jake Daly Sadly, our nation’s schools are not free from shootings and other violent crimes. When such crimes occur on private property, the laws of many states provide the victims a remedy (money damages) against the owner of the property and/or the operator of the business located on the property. But what about crimes…
Who’s Liable for Letting the Dogs Out?
10/23/18
By: Wes Jackson “Cry ‘Havoc!,’ and let slip the dogs of war.” William Shakespeare, Julius Caesar act 3, sc. 1. Havoc indeed—in a case argued before the Georgia Supreme Court on October 10, two pit bulls slipped out of a tenant’s backyard gate with a broken latch and then mauled a woman walking her…
YMCA Owes No Duty To Provide Or Use AEDs When Renting Field To Private Soccer Club
10/17/18
By: Carlos Martinez-Garcia California’s Fourth District Court of Appeal recently affirmed the trial Court’s order granting summary judgment in favor of the YMCA, disposing of a wrongful death lawsuit involving a patron who died of a heart attack on their property. The appellate court agreed YMCA had no statutory or common law duty to provide…
An Examination of the Interpretation of Free Recreation
10/15/18
By: Kevin Stone In Georgia, if property is open free of charge for recreational purposes, the landowner is normally immune from liability for injuries occurring on the property. A court can decide this as a matter of law without sending the case to a jury. When sales occur on such property, however, a court may…
8/17/18
By: Matthew Weiss Last week Ohio Governor John Kasich signed into law legislation that rejected the American Law Institute’s (ALI) Restatement of the Law of Liability Insurance, claiming that it “does not constitute the public policy of Ohio.” According to ALI, the legislation marks the first time a state has rejected a Restatement in its…
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 discovery process before it’s too late. A recent case in Georgia is an interesting illustration of…
Driverless Motor Vehicle Lawsuit – The First of its Kind
2/7/18
By: Courtney K. Mazzio General Motors is the first manufacturer to be hit with a driverless motor vehicle lawsuit. On December 7, motorcycle driver, Oscar Nilsson, alleges he was attempting to pass a self-automated Chevy Bolt on the right. The Bolt had indicated it was moving into the left hand lane, and according to Nilsson,…