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Wrongful death

Georgia Court of Appeals Affirms Decision Denying Arbitration

Since passage of the Federal Arbitration Act of 1925, arbitration clauses have become a commonplace, if not boilerplate, provision utilized in contracts executed in the United States. However, given the ubiquity of adhesion contracts, many people are often unaware they are waiving the right to have their grievances decided in court and, more importantly, many…

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Court of Appeals Clarifies Standard for Expert Testimony in Medical Malpractice Decision

Since certain subject matter falls beyond the knowledge or experience of an average juror, cases will occasionally require that a plaintiff or defendant provide expert testimony that will assist the jury in making necessary factual determinations for resolving a case. In particular, expert testimony is often necessary in medical malpractice cases, since many jurors lack sufficient…

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Court of Appeals Affirms in Favor of Plaintiff in Negligence Case Against City of Atlanta

Successfully asserting negligence claims against the State or a municipality can be a difficult task. However, success is possible. In a recent decision, City of Atlanta v. Kovalcik (PDF-embedded link), the Georgia Court of Appeals affirmed the denial of summary judgment in a negligence suit brought against the City of Atlanta for its failure to maintain…

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Georgia Court of Appeals Reverses in Atlanta Elder Negligence Case

With further progress in modern medicine and the concomitant increase in life expectancy, an increasing number of Americans find themselves living for a longer period of time than their predecessors. Increased life expectancy is certainly a positive, but many among America’s elderly population now find themselves living in nursing homes or other assisted living facilities…

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Supreme Court of Georgia Examines Constitutionality of Georgia’s Workers’ Compensation Scheme

Given the pervasiveness of workplace injuries, every state in the Union, including the state of Georgia, has enacted a workers’ compensation scheme to resolve claims arising from death or injuries at the workplace. Although the overall legal propriety of workers’ compensation schemes is well settled, questions regarding the constitutionality of certain provisions are still occasionally…

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Court of Appeals Reverses in High-Speed Chase Nuisance Suit

Anyone who routinely watches the evening news is well aware that high-speed police chases are not uncommon. While considerable reporting time is spent discussing these events, one wrinkle that is sometimes overlooked in these discussions is the risk for pedestrians and other motorists occasioned by the decision to give chase. Indeed, given the risk of third-party…

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Notice Requirements Complicate Wrongful Death Suit Against Atlanta V.A. Medical Center

As we have discussed in previous posts, filing a legal claim against the state or federal government is not always a straightforward process. Successfully asserting a claim against a governmental body often depends on satisfying requirements set forth in legislation regarding sovereign immunity, and many sovereign immunity waiver statutes impose unexpected notice obligations that, if not…

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