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Recovering for Injuries Caused by the Government

We’ve all been driving or riding on the streets of Atlanta, when all of a sudden—BADONK!—you drive through an enormous pothole. Maybe you got a flat tire, or your alignment was knocked out of place. Maybe you got lucky and escaped without any property damage at all. While driving into an unseen pothole is never […]
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What To Do Following a Car Wreck

Whether moderate or severe, being involved in a car wreck is a scary experience. Often times following impact, the parties involved in a wreck are panicked and somewhat disoriented. However, if you are able to follow these instructions without further injuring yourself, you can greatly benefit yourself and your potential case: Documentation: if you are […]
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Trial Court Should Have Allowed Unidentified Witness, Appellate Court Holds

Surprise! A medical malpractice plaintiff won a significant victory this month when the Court of Appeals held that a trial court should have allowed his surprise witness to testify at trial, reversing a ruling that struck the witness as a discovery sanction.  Elliott v. Resurgens, P.C., Case No. A15A2275 (March 4, 2016).  While the ruling […]
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Must The Jury Apportion? Appellate Court Says No…Sort Of…For Now

Georgia’s apportionment statute requires a jury, upon a party’s request, to apportion fault among all the bad actors responsible for an injury, whether or not those bad actors are actually parties to the case. O.C.G.A. § 51-12-33(b)&(c). So what happens when the jury declines to apportion any fault to an admitted bad actor, despite overwhelming […]
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Using Rule 68 as a Sword in Federal Litigation

Rule 68 of the Federal Rules of Civil Procedure is designed to encourage settlement and avoid litigation and its associated costs. The rule permits a defendant to allow the plaintiff to take judgment against it for a specified amount, plus costs then accrued. The plaintiff has fourteen (14) days to accept the defendant’s offer. If […]
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The Public Duty Doctrine from the Plaintiff’s Perspective: Misfeasance (Good) v. Nonfeasance (Bad)

By David S. Fried The “public duty doctrine” generally prevents individuals who receive public services, like police protection, from suing the government for failing to provide those services. The public duty doctrine holds that the government owes duties to the public at large, not to individual citizens. Consequently, the government cannot be held liable for […]
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The Perils of Social Media in Litigation

“If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.” – Eric Schmidt, CEO of Google E-mail, texts, MySpace, Facebook, Twitter, LinkedIn, Flickr, Yammer, blogs and other social media sites are now mainstream methods of communication. Facebook claims it has over 800 million users. […]
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The Perils of Social Media . . . for Social Media Providers

If you subscribe to our newsletter, you know that recent issues have addressed the uses of social media in litigation, often to the detriment of social media posters. But it appears that litigation can also be perilous for social media providers. This fall, Facebook agreed to pay $20 million dollars to settle a class action […]
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Suing States, Counties and Cities: The Relationship Between “Ante-Litem” Notice Requirements and Pending Criminal Investigations.

“Ante litem” is a Latin term that means “before litigation.” In Georgia, state, county and city governments (and their departments and agencies) require claimants to send an “ante litem notice” before filing a lawsuit. The ante litem notice notifies the government of a victim’s claim and gives it the opportunity to investigate and resolve the […]
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