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. […]
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 […]
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 […]
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 put before a jury to determine this item of damages. Under the current pattern instructions, […]
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 repeatedly failed to identify abnormal cells in Pap smear reviews, resulting in a delay in […]
A recent decision by the Georgia Court of Appeals provides a valuable illustration of how strictly Georgia Courts evaluate the significance of communications leading up to a settlement. The case of Kolbus v. Fromm, A14A1132 (Ga. Ct. App., June 11, 2014) serves as a reminder to litigants and their attorneys to proceed toward settlement with […]
If there was ever any doubt in Georgia about who holds the Patient Mental Health Privilege, when it attaches, and who has a right to mental health records, the Supreme Court of Georgia just made it crystal clear. It’s the patient; not their family, representatives, and not their doctor. In a decision dated June 30, […]
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 testimony is now admissible if no objection is made. Previously hearsay was excluded as “illegal” […]