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Attorney Mental Health & Wellness - A Personal Essay on Why I Believe We Have an Ethical Obligation to Act on it in the Workplace

March 26, 2021 BY Taylor Poncz | General

January 31, 2021 was 2 years since the day Daniel took his life and I still think about it on an almost-daily basis. Weren't his parting words to me, "I'll see you at the birthday party this weekend!"? I've replayed the conversation, and many others prior to that, over and over in my head and it still doesn't make any sense. Not to me, at least. ... Continue Reading

Medical Litigation Funding: How to Spot It and How to Fight It

March 26, 2021 BY Whitney Lay Greene | Professional Malpractice and Healthcare Litigation

On the surface, medical litigation funding and lien-based medical treatment provide a necessary service to individuals injured in an accident who would not otherwise be able to afford medical treatment. However, this noble veneer hides the potential ethical and legal turmoil of artificially inflated medical bills, questionable procedures, and a complex web of relationships between referral sources, medical providers, and third-party funding companies that may result from efforts to maximize an "investment" in the bodily injury claim or lawsuit. Skeptics of third-party funding believe these practices are at least partially to blame for the recent increase in so-called "nuclear verdicts" arising from seemingly ordinary cases. ... Continue Reading

OSHA Launches COVID-19 National Emphasis Program, Protecting High-Risk Workers and Prioritizing Onsite Inspections

March 25, 2021 BY Neil Brunetz | Workers Compensation

On March 12, 2021, in response to a presidential executive order, OSHA issued Directive 2021-01 (CPL-03), establishing a National Emphasis Program (NEP) for COVID-19. With this latest directive, OSHA is spotlighting employers' response to COVID-19 and appropriate workplace protections for employees. ... Continue Reading

AWW-CALCULATION CLARIFICATION

February 08, 2021 BY Robert Freyre | Workers Compensation

Workers compensation benefits in Georgia are awarded on a weekly basis to compensate an injured worker for lost future earnings resulting from an on the job injury. To establish the amount of weekly compensation an injured worker is entitled to be paid a determination of the employee's average weekly wage has to be made. In Georgia the primary basis for computing the average weekly wage will, in most cases, be the wages earned by the employee during the thirteen weeks immediately preceding the injury date. ... Continue Reading

Timely Disclosure of Expert Witnesses in the United States District Court for the Northern District of Georgia

February 08, 2021 BY Patrick Ewing | General Liability

The local rules for the Federal District Court for the Northern District of Georgia may provide a basis for the exclusion of a proposed expert disclosed by a plaintiff after the close of discovery. The Federal Rules of Civil Procedure set forth and govern the procedures in all civil actions and proceedings in the United States district courts with the goal of to secure the just, speedy, and inexpensive determination of every action and proceeding. Fed. R. Civ. P. 1. Federal District Courts are permitted to adopt local rules that are binding on litigants and not inconsistent with the Federal Rule or other statutes. Fed. R. Civ. P. 83.  Cohen v. Carnival Cruise Lines, Inc., 782 F.2d 923 (11th Cir.1986). In general, the federal rules require that experts be disclosed at least 90 days before trial or a case is to be ready for trial. Fed. R. Civ. P. 26(a)(2)(D). However, some courts do not set a trial date until after the close of discovery, making compliance impossible. ... 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. 

Editorial Board:

H. Michael Bagley
(Editor-in-chief)

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