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Preservation: It's Not Just For Jam Anymore

January 31, 2016 BY Def Admin | General Liability

Preservation of documents and tangible evidence relating to an alleged injury is essential when defending a lawsuit. Everything from policies and procedures to work logs and surveillance footage could potentially be discoverable when defending a claim. Navigating the fine line between preserving evidence based upon notice of a claim and destroying evidence in the normal course of business is tricky at best. Recently, Georgia law determining whether a party had notice of a claim in terms of spoliation of evidence was just expanded by the Georgia Supreme Court. ... Continue Reading

Getting To The "Heart" Of The Matter: Effective Investigation OF Heart Attacks, Stroke, and Resulting Death Claims

June 02, 2014 BY Def Admin | Workers Compensation

Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or ... Continue Reading

Average Weekly Wage: What Is A Fair Calculation?

June 01, 2014 BY Def Admin | Workers Compensation

Pursuant to the Georgia Workers' Compensation Act, when an injured worker is either totally or partially disabled as the result of an on-the-job injury, ... Continue Reading

Surveillance, Swords, And Shields- Oh My

March 04, 2014 BY Def Admin | General Liability

At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary ... Continue Reading

No Notice of Potential Litigation, No Possible Spoliation

November 02, 2013 BY Def Admin | Appellate

Spoliation "is the destruction or the significant and meaningful alteration of evidence," so that the evidence is no longer available to a party in pending or future litigation. ... 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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