In 2005, the Georgia legislature amended the evidence code to heighten the qualification requirements for expert witnesses testifying in medical malpractice actions. This amendment was part of a broad sweeping tort reform package advanced by the defense bar. The expert statute amendment was primarily geared at raising the bar for …
The Georgia Supreme Court has raised the bar on when a party must preserve evidence. It is clear that the duty to preserve relevant evidence arises when litigation is reasonably foreseeable to the party in control of evidence. Actual notice from a potential plaintiff clearly makes litigation foreseeable. However, constructive …
Spoliation is a concept in litigation that you never want asserted against your client. It can turn a seemingly defensible case into one where, as a defense attorney, you need to tell your client to resolve the case. When juries hear evidence about a party allegedly destroying relevant evidence, it …