By Alex Anteau | March 19, 2024
In deciding the slip-and-fall case, the appeals court used a two-prong analysis created by the U.S. Supreme Court but hadn't yet been used in Georgia.
By Alex Anteau | March 15, 2024
The defendant-appellees' takeaway? Become familiar with the terms of a business's operating agreement before you invest.
By Alex Anteau | March 15, 2024
The plaintiff-appellant is the mother of a child who was shot by another boy who lived in the apartment complex. She argued that if the landlord took action to remove the gun from the child's apartment unit after receiving reports that he was carrying it in the common areas, her son wouldn't have died.
By Alex Anteau | March 13, 2024
"There isn't a businessperson in the state that's not going to not lose the duty to defend because within [the new criteria," the defendant-appellee attorney said. "They can either have the financial wherewithal or can borrow it. ... It reaches so much further than it needed to go."
By Alex Anteau | March 11, 2024
"Upsetting all of that will have policy consequences that we are ill-equipped to evaluate—and that it is not our role to evaluate," Presiding Judge Christopher McFadden wrote.
By Alex Anteau | March 8, 2024
The court said the doctrine of assumption of the risk did not eliminate liability on the part of individual defendants allegedly involved in a fight.
By Alex Anteau | March 4, 2024
Cardea, a wealth management firm valued at $175 million by the SEC last year, argued that the trial court had deprived it of its due process rights when it ruled on the issue before the company responded to the plaintiff's demand.
By Alex Anteau | March 1, 2024
"If this Court were to reverse the trial court's order and hold that when a medical student is on a clinical rotation with a physician the physician is vicariously liable for that student's conduct, what physician would ever participate in the educational process with the prospect they would be held vicariously liability for a medical student's error?" the appellee brief asked. "The answer is simple—no physician would accept that risk."
By Alex Anteau | February 29, 2024
"It would make no sense to call those damages impermissible," the court concluded. "The jury did exactly what the law allows it to do. Defendants merely disagree with the jury's 'determination of the facts'—something the Court cannot second-guess."
By Alex Anteau | February 28, 2024
Plaintiff-appellant counsel Walker Chandler said that this raises "interesting questions" concerning sovereign immunity after Georgia voters approved a 2020 ballot measure that would make it easier for citizens to challenge the constitutionality of state actions.
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