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 …
SCENARIO: $100,000 billed to Plaintiff for a surgery center “facility fee” where the provider accepts $10,000 for full payment. QUESTION: In seeking recovery for this medical bill, what amount should Plaintiff be able to “blackboard” to a jury? The inflated, billed amount ($100,000) that Plaintiff didn’t pay and isn’t responsible …
The Georgia Supreme Court just gave defendants in Georgia a big victory as related to rulings on Default for untimely answer. The former rule put a very heavy burden on the defendant which was quite difficult to overcome. The new rule makes the burden much less onerous, thereby affording a defendant a …
Preface Much like the iPhone was dubbed “disruptive technology” because it changed the thinking of an industry, and Michigan coach Jim Harbaugh is a “disruptive coach” given he takes “fired” coaches’ unsuccessful teams and immediately makes them successful, the Disruptive Lawyer embodies the right skills to disrupt – in a …
The drones are coming. In many ways, they’re already here. And both manufacturers and distributors should be prepared to defend against the products liability lawsuits they’re bringing with them. Whether you refer to them as unmanned aerial vehicles (UAVs), remotely piloted aircraft (RPAs), or unmanned aircraft systems (UASs), we affectionately …
In the recent case of Monolith Companies LLC v Hunter Douglas Hospitality Inc., September 24, 2015, A15A1096, the Georgia Court of Appeals affirmed the trial court’s grant of summary judgment to Hunter Douglas based on Monolith’s failure to respond to requests for admission (RFAs) which were sent after the discovery …