It has long been the rule in Georgia that the award of damages for pain and suffering is determined by the enlightened conscience of fair and impartial jurors. But proposed amendments to Georgia’s Pattern Jury Instructions may expand the factors … Read More
In the recently-decided Adams v. Laboratory Corporation of America, Case No. 13-10425, the 11th Circuit Court of Appeals provided some legal guidance on application of industry guidelines to motions to exclude expert testimony. The case concerned the Plaintiffs’ claim that Defendant LabCorp … Read More
The Georgia Supreme Court just issued a new ruling this week in which it held that when a Plaintiff becomes entitled to an award of attorney’s fees pursuant to Georgia’s offer of judgment statute, O.C.G.A. § 9-11-68, the court must … Read More
With the rapid proliferation of social media websites such as Facebook, Twitter, and Instagram in recent years, parties to litigation now have access to information on subjects’ private lives that in an earlier era would only have been accessible by … Read More
The doctrine of res ipsa loquitur requires that a plaintiff show that whatever caused the plaintiff’s injury was in the exclusive control of the defendant and but for the defendant’s negligence, the plaintiff would not have been injured. Clearly, it … Read More
This article sets out some of the major changes to the Georgia Evidence Code which became effective January 1, 2013. Georgia has primarily adopted the Federal Rules of Evidence with some exceptions as noted herein. Under the new rules hearsay … Read More