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Using Industry Standards In Daubert Challenges: Context Matters

August 15, 2014 by

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 Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability

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

August 4, 2014 by

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 Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability

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

June 20, 2014 by

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Insurance Coverage & Business Disputes | Motor Vehicle Accidents | Premises Liability

Case Law Update: Georgia Supreme Court Examines the Status of Issues Related to Medical Liens and Collection Thereof

May 23, 2014 by

A recent decision by the Georgia Supreme Court sheds light on the law imposing suit limitations on lien collection actions, and suggests that the statute in question may need to be revised by the legislature. Hospital Authority of Clarke County … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability

Case Law Update: Georgia Court of Appeals Holds that Application of Res Ipsa Loquitur Should Only Be Used in Rare Cases

May 9, 2014 by

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

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