When the law surrounding the idiopathic defense to on-the-job injuries is so often misunderstood, misconstrued, and misapplied by judges and lawyers, it can be very difficult for the average claims adjuster or employer to make heads or tails of the idiopathic defense, what it means, and when it applies. The Georgia Court of Appeals recently attempted to provide some clarity in this morass of conflicting decisions and legal theories. In doing so, the Court chipped away at the scope of the idiopathic defense by its ruling in Cartersville City Schools v. Johnson 345 Ga. App. 290, 812 S.E.2d 605 (2018). ... Continue Reading
Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the business has never stepped foot inside a foreign state. Where a business is sued in a foreign state, the business may have an affirmative defense based on lack of personal jurisdiction Whether the creation and maintenance of a website subjects the business to a lawsuit in a foreign state depends on that state's personal jurisdiction laws, which typically includes a Long-Arm statute. ... Continue Reading
The Art of Collaboration: Tips for Facilitating Collaboration Among In‐House, National, and Local Counsel in Multijurisdictional Litigation
We've all heard the adage that "the best defense is a good offense." The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, multijurisdictional, or serial litigation. ... Continue Reading
Married or Meretricious: A Reaffirmation of the Dependency Benefits Doctrine in Georgia Workers' Compensation Death Claims by the Georgia Supreme Court in Reynalda Munoz Sanchez v. Allen Carter et al.
Recently, the Georgia Supreme Court was petitioned to revisit its prior ruling in Williams v. Corbett, 260 Ga. 668, 398 S.E.2d 1 (1990), on whether an unmarried partner in a meretricious relationship was eligible to receive dependency benefits pursuant to the Georgia Workers' Compensation Act when his or her unmarried partner passed away as the result of a compensable workplace accident. In its decision to not grant certiorari in Reynalda Munoz Sanchez v. Allen Carter et al., Case No. S18C0408, decided May 7, 2018, the Supreme Court of Georgia applied stare decisis and upheld the decision of the Georgia Court of Appeals in Sanchez v. Carter et al., 343 Ga. App. 187, 806 S.E.2d 638 (2017), when it determined that the Petitioner for certiorari was not eligible for workers' compensation dependency benefits. ... Continue Reading
Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate is to avoid personal liability for their business's obligations. However, the mere fact that you created a separate corporation or limited liability company ("LLC") will not always shield your personal assets from a lawsuit against your company. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley