Posted On: July 31, 2009

JURORS USE OF INTERNET TECHNOLOGY DISRUPTS ORDER IN THE COURT Part 1 of a 2-part Series

Posted by Susan J. Levy

As a lawyer in 2009, there are certain things I am required to own: a suit, a briefcase, a laptop, and a Blackberry (mostly because I am not cool enough for an iPhone). Also, my chosen profession mandates that I take my cell phone everywhere, check my email constantly, and now, that I have the ability to text both my office and my clients.

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Posted On: July 23, 2009

GEORGIA SUPREME COURT RULES THAT A “WET FLOOR” SIGN CAN ITSELF BE A HAZARD AND EXPOSE A PROPERTY OWNER TO LIABILITY

Posted by H. Lee Pruett

In American Multi-Cinema, Inc. v. Brown, 285 Ga. 442 (2009), the Georgia Supreme Court held that a sign warning of a hazard can constitute a hazard itself. In this case, the plaintiff was a customer in the defendant’s movie theater. On the day of the accident, the theater was crowded and moments before the movie was over, the defendant’s employees placed a “wet floor” sign over a spill just outside the theater’s exit door. As the crowd left the theater, the sign collapsed. Because of the press of people, the plaintiff did not see the sign lying flat on the floor. She tripped on the sign, fell to the floor, and sustained serious injuries. She filed suit against the theater, alleging negligence.

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Posted On: July 13, 2009

MANY EXPECT NEW LEGAL ISSUES AND LITIGATION FROM “GREEN BUILDING” TREND

Posted by Jonathan A. Barash

While there has been a great deal of discussion and media coverage regarding the benefits of “green building,” until recently, less attention has been given to the risks involved – particularly the legal risks.

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Posted On: July 1, 2009

GEORGIA SUPREME COURT RULES INSURER CANNOT MAINTAIN AN ACTION AGAINST ITS INSURED FOR BAD FAITH FAILURE TO SETTLE A CLAIM IN ABSENCE OF A JURY VERDICT IN EXCESS OF POLICY LIMITS

Posted by Susan J. Levy

Anthony and Joshua Fowler were killed when a billboard manufactured by Phoenix Outdoor, LLC and owned by Trinity Outdoor, LLC fell while it was being installed on Trinity’s property. Lawsuits were filed and, eventually, the following legal question was posed to the Georgia Supreme Court: Whether a judgment entered against an insured in excess of policy limits is a prerequisite for bringing an action against the insurer for the negligent or bad faith failure to settle. In Trinity Outdoor, LLC v. Central Mutual Insurance Company, 2009 Ga. LEXIS 280 (Jun. 1, 2009), the Georgia Supreme Court answered in the affirmative.

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