Depositions in Georgia in the Age of COVID-19
April 02, 2020 BY Gary McGinty | Commercial Transportation Law
It's hard to imagine anything in today's world that has not been impacted by COVID-19. The legal profession is, of course, no exception. Lawyers must be prepared each day to respond and adjust to the shifting sets of challenges presented by the coronavirus pandemic. The goal for each attorney should be to provide excellent legal services while ensuring that everyone involved stays healthy and safe. For depositions during this time, we feel that this goal is most effectively accomplished via remote video conferencing. ... Continue Reading
Clarification or Counteroffer? Choose Your Words Carefully
May 31, 2019 BY Trevor Brice | Commercial Transportation Law
A recent opinion out of the Georgia Court of Appeals is forcing insurers to choose their words carefully when seeking clarification regarding time-limited settlement demands. In Yim v. Carr, the Court of Appeals reversed a ruling that a defendant driver's insurer had accepted the plaintiff's time-limited demand for the policy's limits, holding instead that the insurer's request for clarification regarding the scope of the offer's release was not an "unequivocal acceptance" of the offer, but rather a counteroffer. The holding is likely to be appealed to the Supreme Court of Georgia, but in the meantime, it is causing some hand-wringing among insurance representatives and the defense bar. ... Continue Reading
Statutory Employment in the Trucking Industry and Preventative Measures to Prevent Liability
January 31, 2019 BY Paul Wildes | Commercial Transportation Law
Large motor carriers and their workers' compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the "owner-operator", who Georgia law defines as "an equipment lessor who leases his vehicular equipment with a driver to a carrier." ... Continue Reading
The Art of Collaboration: Tips for Facilitating Collaboration Among In‐House, National, and Local Counsel in Multijurisdictional Litigation
October 05, 2018 BY Melody Kiella | Commercial Transportation Law
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
Non-Emergency Transport Vehicle Issues Under Georgia's Motor Carrier Act
February 06, 2018 BY - - | Commercial Transportation Law
In 2012, the Georgia legislature enacted the Georgia Motor Carrier Act of 2012. One of the stated objectives of the Act was to transfer regulations of motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety. See O.C.G.A. 40-1-51. ... 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)