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Georgia’s Ante Litem Notice Requirements– Strict Just Got Stricter

By David S. Fried The Georgia Tort Claims Act (“GTCA”) outlines the specific circumstances under which the State or its municipalities may be held liable in tort. One such limitation is Georgia’s ante litem notice requirement. The ante litem statute prohibits a tort claim against the State or its municipalities without first giving notice of […]
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Georgia Appellate Court: Parents May Be Liable for Child’s Cyber-Bullying

By: Joseph A. White Anyone who follows the news knows that Facebook can be used as a weapon for bullying and harassment—with occasionally tragic consequences. In Boston v. Athearn, the Georgia Court of Appeals addressed whether Georgia parents can be held responsible for a child’s Facebook bullying. The answer: a qualified yes. Boston v. Athearn […]
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Atlanta Braves Strike Out at the Georgia Court of Appeals

Earlier this month, the Georgia Court of Appeals heard arguments in a personal injury case against the Atlanta Braves. The Court declined to pronounce the longstanding “baseball rule” as the standard of care owed to plaintiffs and sent the case back to the minors to proceed to trial. Atlanta National League Baseball Club, Inc. v. […]
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Georgia Court Of Appeals: No Legal Contribution, No Apportionment

By Joseph A. White On July 16, 2014, the Georgia Court of Appeals held, in Zaldivar v. Prickett, that a defendant cannot apportion fault to a non-party unless the non-party’s conduct legally contributed to the plaintiff’s injury—a significant victory for the plaintiff in that case and for the plaintiff’s bar generally. At issue was Code […]
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GA Supreme Court Reinforces Absoluteness of Privilege between Patients and Mental Health Professionals

Last month, the Supreme Court of Georgia held that—absent an express waiver by the patient—confidential communications between psychiatrist and patient may not be disclosed, even where the patient is deceased and the patients’ parents seek the records in order to prove that the psychiatrist committed malpractice. Cooksey v. Landry, 2014 WL 2925163 (Ga. June 30, […]
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