Posted by Jonathan A. Barash
In Ramos-Silva v. State Farm Inc. Co., 2009 Ga. App. LEXIS 1250 (2009), the Georgia Court of Appeals held that a Uninsured Motorist (“UM”) insurer’s right of subrogation survives the execution of a limited liability release.
Posted by Susan J. Levy
As an agency of the state, the Georgia Department of Transportation (“DOT”) is entitled to sovereign immunity except to the extent sovereign immunity has been waived by the provisions of the Georgia Tort Claims Act (“GTCA”). See Georgia Military College v. Santamorena, 237 Ga. App. 58, 61; O.C.G.A. § 50-21-21. Under the GTCA, the State has agreed to waive sovereign immunity for the torts of state officials and employees subject to certain exceptions and limitations. O.C.G.A. §§ 50-21-23 and 50-21-24. O.C.G.A. § 50-21-24 enumerates 13 exceptions to the State’s waiver of sovereign immunity. In DOT v. Miller, 2009 Ga. App. LEXIS 1293 (November 10, 2009), DOT argued that the “discretionary function” exception to the State’s waiver of sovereign immunity barred Plaintiff’s recovery. The Court of Appeals rejected that argument.
Posted by H. Lee Pruett
Since our January 26, 2009 post discussing a case this firm is defending in the State Court of DeKalb County and Judge Janis Gordon’s Order which denied the Plaintiff’s Motion to Strike Defendant’s Notice of Fault of Non-Party pursuant to O.C.G.A. § 51-12-33, at least two other Georgia trial courts have issued rulings somewhat at odds with Judge Gordon’s Order. To date, no appellate court has rendered a decision on any of the numerous issues being raised concerning the meaning and scope of this statute. The two trial court orders discussed below only emphasize the confusion litigants face in attempting to apply the statute to any given case.
Posted by Jonathan A. Barash
Traffic fatalities reached a record low in the first half of 2009, the National Highway Traffic Safety Administration announced last month. An estimated 16,626 people died in motor vehicle accidents on U.S. roads between January - June of 2009 compared with 17,871 during the first half of 2008. This represents a 7% decline. According to the NHTSA report, traffic fatalities have been declining steadily since reaching their peak in 2005.
Continue reading " RECORD LOW TRAFFIC FATALITIES REPORTED FOR FIRST HALF OF 2009 " »
Posted by Susan J. Levy
“Electronic Discovery,” two words that strike fear into the hearts of many lawyers. Ask most seasoned litigators to define “metadata,” “native format,” or “clawback agreements” and you will see the eyes of the proverbial deer in the headlights. Unfortunately, however, the time has come to hold our collective noses and jump in or we risk disaster for our clients.
Continue reading " A SHORT PRIMER ON ELECTRONIC DISCOVERY " »
