Welcome to the Insights Page
We will be using this space to offer our thoughts on the trends, developments, and news relevant to the legal industry. If you have any comments or questions about any of our posts, or if you would like us to discuss a specific topic, please do not hesitate to reach out to us. We hope you come back to check out new posts frequently.
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Recent Georgia Supreme Court Order Foreshadows Changes to Premises Liability Rules in Georgia
10/05/2023The Georgia Supreme Court appears poised to review the frequently used "Plain View Doctrine," a longstanding principle of premises laibility law in Georgia.
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New Court of Appeals Decision on an Old Apportionment Law
9/21/2023In 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.
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The Landmark Negligent Security Opinion from the Georgia Supreme Court, Part II; "Reasonable Forseeability"
08/03/2023As 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.ATTORNEY: Andrew M. Bagley
CATEGORIES : Civil Litigation, New Legislation, Litigation and Trial Strategy, Recent Appellate Court Decisions, Premises Liability -
How the Recent Landmark Opinion from the Georgia Supreme Court Could Impact Negligent Security Cases in Unexpected Ways
7/7/2023The 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.
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Georgia Supreme Court Affirms Statutory Cap of $250,000 on Punitive Damages.
03/17/2023The 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.
07/28/2022The 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
06/07/2022Mick 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
05/16/2022In 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?
11/23/2021Recent appellate decisions in Georgia are changing the way litigants approach cases with multiple or joint tortfeasors.ATTORNEY: Samuel E. Britt, III
CATEGORIES : Civil Litigation, Emerging Legal Trends, Litigation and Trial Strategy, Recent Appellate Court Decisions -
Expert Disclosure Deadlines in Georgia
08/27/2021Civil 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
07/09/2021Georgia'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.ATTORNEY: Colleen E. Callaghan
CATEGORIES : Civil Litigation, Emerging Legal Trends, Litigation and Trial Strategy -
Changes Are Coming to Georgia's Pre-Suit Demand Statute
06/09/2021The 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.