Social media is everywhere and used by a majority of the population. Recent studies indicate that more users are not only accessing Facebook more frequently, but also that they are using it primarily on their mobile telephones. Part of this drive is due to Facebook features, such as the live video feed, that allows users […]
As part of the Georgia Tort Reform package in 2005, the legislature passed a settlement procedure statute meant to put some teeth into settlement negotiations. Now O.C.G.A. § 9-11-68, (a/k/a Rule 68 – Offer of Settlement), allows either party in a tort case to serve the other party with a written offer to settle, so long […]
Reviewing medical records and billing statements are a routine practice throughout pre-suit and the litigation process. With the rise of third party billing entities, it has become common place to receive a statement that was issued from an entity other than the one that rendered treatment. If the charges seem disproportionate to the treatment rendered […]
Since its release earlier this month (July 2016) the Pokemon Go mobile app has generated trending news stories of player related injuries caused by distracted driving and walking. San Diego news channels reported that two men fell off a cliff in attempt to capture the virtual character. Various local police departments have increased public warnings […]
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 […]
Pursuant to O.C.G.A. § 51-12-33, a jury may apportion a percentage of fault to any person or entity who contributed to the complainant’s alleged damages, regardless if the person or entity was a party to the litigation. It is, however, the defendant’s burden to establish a rational basis for apportioning fault to a non-party, and […]
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 […]