Commercial Leases: What If . . . ?

Categories: News

Like any good contract, commercial leases should not only set out the basic terms (e.g., rental amount, term of lease), but need to include provisions for circumstances and situations not always readily apparent or obvious. For example, some commercial leases are not specific enough about which party is responsible for replacing major structures. This occurred…

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Failure to Identify Automobile Collision In Bankruptcy Paperwork May Not Be Fatal

Categories: News

An issue that injury victims don’t always think about is including their personal injury claims in their bankruptcy paperwork. Unfortunately, failing to list a potential injury claim can later be used as a defense to a personal injury lawsuit. “Under the doctrine of judicial estoppel, a party is precluded from asserting a position in a judicial…

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Qualifying Experts

Categories: News

In preparing for and winning at trial, the importance of finding qualified experts cannot be overemphasized.  Not only must one find a qualified expert, such as a medical doctor, an engineer, or other learned professional, but the expert must prove to the trial court that he or she has particular and measurable expertise in the…

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Car Accident Victim Loses Personal Injury Case Against City of Waynesboro

Categories: News

The Georgia Supreme Court, in DeLoach v. Elliot, S11A0469, 11 FCDR 1501 (5/27/11), issued an opinion that will make suing government entities for personal injuries more difficult.  In this case, a City of Waynesboro police officer, while on duty, drove his cruiser into the back of an automobile.  The driver of the automobile was injured…

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If You’re A Party In a Car Accident Lawsuit, Is Your Facebook Page Fair Game?

Categories: News

A court in Bucks County, Pennsylvania was faced with this question when a defense attorney moved to have an automobile collision plaintiff accept a friend request on Facebook so the defense attorney could get full access to the injured party’s private postings and pictures. This was not a minor accident, rather the plaintiff was hit…

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