News

During the past 15 years, everyone’s heard something or other about a woman who recovered millions of dollars after she spilled hot coffee on herself at a McDonald’s.  The case was widely held-up as an example of a frivolous litigation against corporate America and played an important part in energizing...

In reading a case from the Georgia Court of Appeals, we’re reminded of the difficulties of bringing medical malpractice lawsuits in Georgia.  See Roberson v. Northrup et al., A10A0693 (GA. App. Feb 17, 2010).   In Georgia, when filing a lawsuit for medical malpractice, the injury victim (or “plaintiff”) is required...

Rescission … contract reformation … specific performance … declaratory judgment …  injunction … fraud … slander of title.  What do these terms have in common?  Answer:  one heck of a lawsuit.  In Executive Excellence v. Martin Bros. Invs., LLC, 11 FCDR 1152 (4/15/11), all these issues and more were fought over...

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...

You were just injured in an automobile accident, and, within hours, the insurance company calls asking for a recorded statement.  Should you agree?  What do you do? There’s no one answer for every situation.  Whether you agree to a recorded statement depends on the facts and circumstances of your case. ...

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...

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...

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,...

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...