Redefining Legal Standards: A Closer Look at White v. Stanley
In the recent case of White v. Stanley, No. A23A0986, 2023 WL 6413214 (Ga. Ct. App. Oct. 3, 2023), the Georgia Court of Appeals inquired into Georgia's pattern jury instruction regarding the preponderance of the evidence standard, initially rooted in the state's former evidence code that had been repealed. The central question before the Court was whether the adoption of the new evidence code in 2012 mandated a revision of the pattern jury instruction.
Recent Georgia Supreme Court Order Foreshadows Changes to Premises Liability Rules in Georgia
The Georgia Supreme Court appears poised to review the frequently used "Plain View Doctrine," a longstanding principle of premises laibility law in Georgia.
New Court of Appeals Decision on an Old Apportionment Law
In Eliezer v. Mosley, 2023 WL 5213798 (Ga. App., Aug. 15, 2023), the Court of Appeals recently provided some additional context to a hotly debated and complex area of Georgia tort law, apportionment of fault to nonparties.
The Landmark Negligent Security Opinion from the Georgia Supreme Court, Part II; "Reasonable Forseeability"
As previously discussed, the Georgia Supreme Court's recent opinion in Ga. CVS Pharmacy, LLC v. Carmichael, Nos. S22G0527, S22G0617, S22G0618, 2023 Ga. LEXIS 141 (June 29, 2023) explored several issues relevant to negligent security cases. This post, our second one discussing the case, will address the most noteworthy aspect of the opinion — the Court’s lengthy analysis of the test for determining the “reasonable foreseeability” of a criminal act.
How the Recent Landmark Opinion from the Georgia Supreme Court Could Impact Negligent Security Cases in Unexpected Ways
The Georgia Supreme Court's recent opinion in Ga. CVS Pharmacy, LLC v. Carmichael, Nos. S22G0527, S22G0617, S22G0618, 2023 Ga. LEXIS 141 (June 29, 2023) is likely to have a long lasting and profound impact on negligent security cases going forward. Over the next few weeks, we will be exploring some of the ways that this lengthy opinion changes and clarifies this area of law.
Georgia Supreme Court Affirms Statutory Cap of $250,000 on Punitive Damages.
The Supreme Court of Georgia recently affirmed the constitutionality of Georgia’s $250,000 punitive damages cap under O.C.G.A. § 51-12-5.1(g) in the underlying case of Taylor v. The Devereux Foundation, Inc. et al., 2023 WL 2519243, softening the blow for jury awards for punitive damages.
Georgia Court of Appeals Finds Internal Medicine Physician Qualified to Render Standard of Care Opinions Against a Psychiatrist.
The Court of Appeals continued to loosen restrictions on the admissibility of expert testimony in medical malpractice cases with the recent decision of Russell v. Kantamneni.
An Underreported Landmark: The Textualist Dismantling of the Respondeat Superior Rule
Mick Evans examines the textualist approach used by the Supreme Court of Georgia in Quynn v. Hulsey, 310 Ga 473 (2020) in holding that the Respondeat Superior rule had been abrogated by the Apportionment Statute enacted by the Georgia legislature in 2005.
Supreme Court of Georgia Approves "Double Recovery" of Attorney's Fees by Plaintiffs
In a recent and surprising opinion, the Supreme Court of Georgia held that plaintiffs can recover twice for their attorney's fees and expenses of litigation under two different statutes.
Does Joint and Several Liability Have New Life in Georgia?
Recent appellate decisions in Georgia are changing the way litigants approach cases with multiple or joint tortfeasors.
Expert Disclosure Deadlines in Georgia
Civil litigators must often keep track of a host of deadlines as the case develops. One of the most important deadlines, especially in medical malpractice cases, is the deadline to disclose supportive experts.
Navigating the Mental Health Privilege, a Nearly Absolute Privilege
Georgia's psychiatrist-patient privilege is nearly "iron clad” when it comes to personal injury litigation. As explored here, however, there are some nuances to keep in mind when mental health treatment is relevant to the case.
Changes Are Coming to Georgia's Pre-Suit Demand Statute
The Georgia Legislature voted this year to revise portions of O.C.G.A. § 9-11-67.1, Georgia’s pre-suit demand statute, and it could have important consequences if the bill is signed into law.
Time Limitations and Tolling Considerations
The COVID-19 pandemic has required a temporary pause on continuing business and life as we once did. This temporary pause extended to statutory litigation deadlines in the State of Georgia.
Emerging Legal Trends: Arbitration
Over the past several years, arbitration has emerged as a growing alternative to the traditional litigation process. Even before the global pandemic, we noticed an uptick in the number of cases where the litigants participated in arbitration. With the current backlog of cases clogging up Georgia’s state and superior courts, this trend may be here to stay.