From Knight Rider to Back to the Future, the world has long wished for flying, time traveling and self-driving cars. While these technological feats have been limited, for now, to Hollywood films, one of these technological visions may soon transition from a work of science fiction, to reality. Manufacturers such as Google, Mercedes-Benz and Tesla […]
While these cases fact patterns are not typical liability or insurance defense cases, they demonstrate that the apportionment statute has been held to apply to a wide range of cases and situations and is the law in Georgia with respect to fault and/or damages. Alston & Bird LLP v. Hatcher Management Holdings, LLC, A15A1677 (Ga. […]
A simple internet search will reveal numerous legal journals and web publications regarding the growing role social media plays in modern civil litigation for both plaintiffs and defendants in tort claims. Even a recent Georgia appellate decision recognized Facebook as “one of the most popular social networking websites” that allows registered users to customize published […]
Following the recent new changes to the Federal Rules of Civil Procedure which took effect December 1, 2015, changes to the Georgia Civil Practice Act have been proposed as part of currently pending legislation, HB 1017. The changes are largely being touted as updating the code sections for e-discovery. However while there are many minor […]
Beginning December 1, 2015 several new changes to the Federal Rules of Civil Procedure take effect. This article will address the major changes, but there are also minor changes in the rules based upon these changes, most of which change references to other rules and/or sections of rules as needed based upon the major changes […]
Perhaps nothing can be more disheartening than a court finding a defendant responsible for spoliation of evidence. This is because a finding of spoliation gives rise to a rebuttable presumption that the subject evidence was harmful to the spoliator. Thus, even a very innocent error in safeguarding potential evidence can be fatal to an otherwise […]
We all remember that dramatic moment when OJ Simpson was asked to put on the black gloves in front of the jury in the so-called “Trial of the Century.” Both gloves, according to the prosecution, contained DNA evidence from Simpson, Nicole Brown and Ronald Goldman, with the glove found at Simpson’s house also containing a […]
Parties who have reached a settlement more often than not are very happy to know that the case has been resolved as opposed to having the outcome of the case dictated to them by twelve strangers on a jury. Sometimes, however, the resolution of a case by settlement is complicated due to the parties’ varying […]
Georgia law generally, with few exceptions, prohibits a party from recovery of damages for emotional distress arising from witnessing the injuries sustained by another. This position promulgates Georgia’s adherence to the “impact rule.” Under the “impact rule”, to recover for emotional injuries, the defendant’s conduct must result in actual bodily contact to the plaintiff. Ryckeley […]
In a recent decision by the Georgia Court of Appeals, Hooks v. McCondichie Properties 1, LP, et.al, 330 Ga. App. 583, 767 S.E.2d 517 (2015), the Court was given an opportunity to address some important questions relating to service of process. In particular, the Court resolved competing arguments concerning the proper application and procedure for […]