products liability Archives - Mabry & McClelland

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 … Read More

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 … Read More

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 … Read More

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 … Read More

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, … Read More

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, … Read More

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, … Read More

Georgia law generally, with few exceptions, prohibits a party from recovery of damages for emotional distress arising from witnessing the injuries sustained by another. This position promulgates Georgia’s adherence to the “impact rule.” Under the “impact rule”, to recover for … Read More

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 … Read More

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

Georgia Court Of Appeals Affirms Apportionment Of Fault As The Law In Georgia In Two Recent Cases

Social Media: The New Staple In Modern E-Discovery

Proposed Changes to the Georgia Civil Practice Act – Pending Legislation

Changes to the Federal Rules of Civil Procedure

Spoliation after Phillips v. Harmon – Constructive Knowledge of Contemplated Litigation Sufficient to Trigger Duty to Preserve?

Case Law Update: The Georgia Court of Appeals Affirms the Trial Court Allowing Jury to Touch Plaintiff as Part of Evidence

Settlement Terms: Make Sure to Dot Your I’s and Cross Your T’s!

Case Law Update: Supreme Court Reaffirms Grounds For Recovery In Emotional Distress Claims

Case Law Update: Georgia Court Of Appeals Addresses Issues With Substituted Service Upon The Secretary Of State

Changing The Way We Evaluate Pain And Suffering