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Georgia Supreme Court Affirms Statutory Cap of $250,000 on Punitive Damages.
03/17/2023
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.
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Georgia Court of Appeals Finds Internal Medicine Physician Qualified to Render Standard of Care Opinions Against a Psychiatrist.
07/28/2022
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.
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An Underreported Landmark: The Textualist Dismantling of the Respondeat Superior Rule
06/07/2022
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.
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Supreme Court of Georgia Approves "Double Recovery" of Attorney's Fees by Plaintiffs
05/16/2022
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.
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Does Joint and Several Liability Have New Life in Georgia?
11/23/2021
Recent appellate decisions in Georgia are changing the way litigants approach cases with multiple or joint tortfeasors.
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Expert Disclosure Deadlines in Georgia
08/27/2021
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.
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Navigating the Mental Health Privilege, a Nearly Absolute Privilege
07/09/2021
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.
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Changes Are Coming to Georgia's Pre-Suit Demand Statute
06/09/2021
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.
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Time Limitations and Tolling Considerations
04/05/2021
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.
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Emerging Legal Trends: Arbitration
04/05/2021
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.
