Striking a Balance: Motor Carriers, Insurers, and the Innocent Motoring Public
2/17/20
By: Mallory Ball Some courts are striking a balance where innocent third parties are injured from the negligence of motor carriers by finding coverage despite the terms and conditions of the insurance policy. For example, some insurance policies restrict the geographical limits for which coverage is provided. Specifically, a limitation of use endorsement would provide…
Don’t Shoot the Messenger: Tips for Avoiding Claims of Negligent Contract Negotiation
9/4/19
By: Catherine Bednar When negotiating on behalf of a client, an attorney focuses on obtaining the best possible deal, balancing the client’s needs and objectives against the other side’s demands as well as the limitations of the law. An attorney must also be mindful, however, of the possibility the client might someday bring a malpractice…
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…
Federal Securities Laws: Has the 9th Circuit Gone Rogue Again?
2/4/19
By: John Goselin On January 4, 2019, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s April 20, 2018 decision in Varjabedian v. Emulex Corporation, 888 F.3d 399 (9th Cir. 2018). The Supreme Court is hearing this case to resolve a circuit split regarding whether a claim under Section 14(e)…
Ordinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In $22 Million Reversal
4/17/18
By: Shaun Daugherty The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for liability are distinctly different, but in certain factual scenarios there may be a fine line drawn between the two. The Georgia Supreme Court made a clear…
Right of Contribution among Joint Tortfeasors is Still Viable in Georgia
4/2/13
By: Bart Gary Most believed that the right of contribution among joint tortfeasors (two or more persons whose negligence combine to cause injury or damage) was abolished in Georgia in 2005 when the tort reform legislation went into effect. On March 28, 2013, the Georgia Court of Appeal issued its opinion in Zurich Amer. Ins.…
Keys to Effective Hold Harmless Agreements
2/7/13
By: Bart Gary The Hold Harmless (Indemnity) Clause of a contract is like the lifeboats on a cruise ship — they just hang around until disaster strikes, and you hope they still work. Periodic review keeps them from becoming obsolete or worse. Indemnity simply means reimbursement, restitution, or compensation. Typically the indemnity provision applies in…
Medical Malpractice Lawsuit Dismissed Because Expert Not Qualified
1/31/13
By: Scott Rees In Whitley, the Court of Appeals ordered a medical malpractice lawsuit to be dismissed for failure to satisfy Georgia’s expert affidavit requirements. O.C.G.A 9-11-9.1 requires that in any medical malpractice lawsuit, a plaintiff must file with the complaint an affidavit of an expert competent to testify as to the alleged medical negligence.…
Statutes Affecting Indemnification Agreements in Construction Contracts
11/6/12
By: Kamy Molavi It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in construction contracts. With respect to the degree of fault against which indemnity may be barred,…
11/5/12
By: Mike Flint and Laura Broome In 2005, the tort reform passed by the Georgia legislature included a statute that changed the standard for suing emergency room health care professionals in medical malpractice actions. The statute in essence states that no health care provider who provided emergency medical care in a hospital emergency department, or…
Recent Study Finds Physician Burnout Prevalent; Impacts Malpractice and Patient Care
10/29/12
By: Mary Ellen Lighthiser A recent New York Times article discussed a troubling study that indicates a high number of physicians are experiencing burnout. The recent study described burnout as “emotional exhaustion, detachment and a low sense of accomplishment.” The study suggests that more than half of doctors practicing a specialty with “front-line access to…
FDIC Ramps Up Failed-Bank Litigation in Georgia, Re-Asserts Ordinary Negligence Arguments
10/26/12
By: Kelly Morrison Though the FDIC remained quiet through summer vacation and into early fall, they have once again filed suit against a failed Georgia bank, American United Bank of Lawrenceville, which was closed by regulators on October 23, 2009. A copy of the complaint can be viewed here. Notably, the new complaint includes allegations of…