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Case Law Update: The Doctrine Of Estoppel In The Context Of A Lawsuit Filed Against A Homeowner’s Association By An Association Member

In Polo Golf & Country Club Homeowner’s Association, Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), the Supreme Court of Georgia affirmed the denial of the defendant association’s motion for summary judgment on plaintiffs Rymers complaint for property … Read More

Case Law Update: Court of Appeals Clarifies When Summary Judgment is Appropriate for Premises Owners With Respect to Constructive Knowledge When a Licensee is Injured

A recent opinion of the Georgia Court of Appeals contrasts two deck collapse cases under similar, but not identical, facts. In Rogers v. Woodruff, A14A0425 (August, 19 2014), the Court undertook an analysis of facts similar to those presented in … Read More

Using Industry Standards In Daubert Challenges: Context Matters

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

Case Law Update: Court of Appeals Denies Defendant’s Attempt to Apportion Responsibility to Plaintiff’s Employer Finding a Lack of Causal Connection

Georgia’s case law on apportionment of fault to a non-party continues to evolve.  In Zaldivar v. Prickett, A14A0113 (Ga. Ct. App. July 16, 2014) Zaldivar and Prickett were involved in an automobile accident at an intersection, for which they each … Read More

Case Law Update: Georgia Supreme Court Confirms Plaintiff’s Attorney’s Contingency Fee Agreement Cannot be the Sole Basis for a Fee Award

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

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