TORT Mihaila v. Troth (3/1/22) Holding: Court of Appeals (Div. 2) reversed a grant of summary judgment to homeowners, citing disputed questions of fact regard roofer’s fall onto grounding pole on homeowners’ property and whether homeowners “anticipated some harm even though the danger the grounding rod presented was known and …
EEOC Guidance Update The EEOC’s technical assistance document recaps the Bostock v. Clayton County, Georgia decision and provides Q&A format guidance explaining the EEOC’s position on several sexual-orientation and gender-identity-related workplace discrimination issues: Non-LGBTQ+ job applicants and employees are also protected against sexual orientation and gender identity discrimination, and employers …
QUESTION: Is Claimant’s late notice to his UM Insurer excused if he didn’t realize the extent of his injuries and thought the Defendant’s liability insurance would be enough to cover claim? ANSWER: It is a “fact-based” question so it depends on the facts. Sometimes, yes. Sometimes no. YES: See Progressive …
FOMO: noun; Fear of Missing Out The Disruptive Lawyer got a call from the claims manager of an insurance carrier he had never worked with. The claims manager explained, “Hey, I’ve attended a few of your Masters of Negotiation Series seminars and read The Disruptive Lawyer’s Little Black Book of Litigation …
We need to report a significant case from the Georgia Supreme Court which is adverse to defendants on apportionment in Georgia. In sum, Georgia law on apportionment before the ruling was that Georgia was a “pure apportionment” state and so, a defendant could push apportionment of fault onto a nonparty tortfeasor. In …
Depends on date of loss and who you ask. Date of Loss Judge Order August 14, 2018 Stephen G. Scarlett, Sr. Yes November 1, 2018 Tilman E. Self No Until this is sorted out, the prudent path is to assert a Statute of Limitations defense. Stay tuned. Order Miranda …