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Litigation and Medical Funding: The Often Overlooked but Critical Distinction Between Discoverability and Admissibility

November 05, 2020 BY Carrie Coleman | Appellate

Litigation and medical funding have been hot topics in the legal world for some time. In its most basic form, litigation funding allows a plaintiff to obtain a cash advance from a third-party lender while their case is pending to cover expenses like medical bills, while medical funding primarily assists the medical provider by purchasing that provider's accounts receivables at a much lower rate, providing immediate payment to the provider (versus the provider having to wait until settlement of plaintiff's case), and allowing the plaintiff to treat on a lien basis. In exchange, the plaintiff agrees to repay the third-party lender from any proceeds recovered. Typically, these advances are non-recourse - meaning that the lender is not entitled to any amount above what is recovered or is not entitled to any recovery if the plaintiff does not recover. However, as noted by multiple sources, the involvement of these companies as sources of funding for litigation has raised serious ethical concerns, including allowing a third-party to exercise influence or control over the litigation. ... Continue Reading

COVID-19: Does the CARES Act have an impact?

August 31, 2020 BY Marsha Ambroise | Workers Compensation

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act was signed into law as a response to the COVID-19 pandemic in the United States. The CARES Act is an economic relief package that expands unemployment insurance benefits and other relief for individuals and small businesses affected by the economic downturn. One of the particular provisions of the CARES Act is the Federal Pandemic Unemployment Compensation ("FPUC") program. This program provides money to individuals who are unemployed. ... Continue Reading

Virtual Mediations: Navigating COVID-19's Uncharted Waters Without a Map

July 31, 2020 BY Nicole Adams | Workers Compensation

As one of the fast-rising stars for Alternative Dispute Resolution (ADR) in Georgia, mediations have become a popular practice for issue resolution and settlement in cases ranging from multimillion-dollar contract disputes to custody determinations. However, with many courts, law firms, and several other legal entities facing strict restrictions and closures due to COVID-19, no one could have predicted the call to action placed on mediators to revive cases that otherwise would face indeterminable delays in a time of normalized social-distancing and postponed court dates. ... Continue Reading

Finding the Usual Suspects - Death Benefits Stemming from Third Party Criminal Action Against Employee

July 30, 2020 BY Nirav Patel | Workers Compensation

When employers are faced with the unexpected death of an employee, they may be held liable under the Georgia Workers Compensation Act. However, for this to occur, the employee's death must result from an accident "arising out of and in the course of employment." Although the claimant bears the burden of proof to establish that the employee for whom they are claiming benefits did in fact die in the course of his or her employment, there exists a presumption that the death meets the criteria for coverage under workers compensation, if the death is unexplained and if the employee is found in a place where he might reasonably have been expected to be in the performance of his duties. Code, ยง 114-101 et seq. ... Continue Reading

DON'T TELECOMMUTE WITHOUT A NET: COVID-19 and the importance of a Telecommuting Policy

May 29, 2020 BY Robert Welch | Corporate and Transactional

Even before the COVID-19 crisis, businesses were warming up to the benefits of remote working, or "telecommuting." Allowing employees to telecommute can benefit the employer and the employee alike. Some of the benefits include: ... 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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