Articles Posted in TRIAL PRACTICE

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Posted by Layne Zhou

Discovery issues rarely reach the Georgia Supreme Court, but in the case of Bowden v. Medical Ctr., Inc., No. S14G1632, *1-25 (June 15, 2015), a discovery dispute centered around a plaintiff’s medical bills merited a 25-page unanimous opinion. Briefly, the case arose from a car accident involving a 21-year-old plaintiff, Danielle Bowden, who was treated at The Medical Center, Inc. (TMC), without health insurance, for a broken leg and subsequently received physical therapy. TMC billed her $21,409.95 for her care and filed a hospital lien for that amount. Bowden sought to invalidate the lien on the grounds that the charges were grossly excessive and did not reflect the reasonable value of the care she received. Enterprise, the insurer of the defendant, tendered its $25,000 limits, but because TMC and Bowden were unable to agree on how to apportion the settlement proceeds, Enterprise filed a complaint in interpleader against both Bowden and TMC. As part of Bowden’s answer to the interpleader action, she filed a cross-claim against TMC. It is against this procedural backdrop that this discovery dispute arises.
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Posted by Susan J. Levy

In June, the Indiana Supreme Court decided a civil rape case where a juror received a cell phone call during deliberations. In Henri v. Curto, No. 49S02-0812-CV-641, (Ind. S. Ct., Jun. 17, 2009), the appellant challenged the verdict on the grounds that the juror’s receipt of an incoming cell phone call during jury deliberations pressured the panel to reach a hasty verdict. The Court upheld the verdict, but the Judge wrote:
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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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