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To the victor goes the spoliation? Best practices for eDiscovery and the preservation of electronically stored information

November 29, 2019 BY Whitney Lay Greene | General Liability

eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence. Unlike taking a deposition or attending a hearing, eDiscovery is not a single action, but a series of linked actions which begin prior to the commencement of litigation and continue until the electronic information is presented at trial (if the case gets that far). ... Continue Reading

Georgia Court of Appeals Upholds Ruling that Residential Lease May Shorten Time to Bring Personal Injury Claims

July 12, 2019 BY Bartlett Benton | General Liability

In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court's ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. ... Continue Reading

State and Federal Courts Continue to Reject Public Policy Challenges to Arbitration Clauses

May 31, 2019 BY Paul Grote | General Liability

Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision, a party sought to avoid arbitration by advancing arguments against arbitration based on public policy. The courts rejected these public policy type arguments, making it more difficult for a party to avoid arbitration when there is an arbitration clause that covers the suit or claim. ... Continue Reading

Sharing Provisions in Protective Orders

March 31, 2019 BY Ryan Del Campo | General Liability

We have noticed a troubling trend in recent product liability cases in which plaintiffs' counsel will not agree to a protective order concerning a manufacturer's confidential documents without the inclusion of a so-called "sharing provision". These provisions generally permit plaintiffs' attorneys, or any other parties subject to the protective order, to indefinitely retain a defendant's confidential documents and share them with third parties as they see fit. Opposing counsel often justify such provisions by arguing that the confidential documents will only be shared with parties in other pending or litigation involving the same product. However, many manufacturers understandably view these provisions as defeating the entire purpose of a protective order. ... Continue Reading

"Are you sure that it was food poisoning?" The Current Status of Circumstantial Evidence in Foodborne Illness Cases

November 30, 2018 BY Janeen Smith | General Liability

Litigation arising from allegations of food poisoning is common and often costly. Each year almost 1,000 Georgians will report an incident of food poisoning. www.cdc.gov. (2018). National Outbreak Reporting System (NORS) Dashboard | CDC. [online] Available at: https://wwwn.cdc.gov/norsdashboard/ [Accessed 5 Oct. 2018]. In a foodborne illness lawsuit, the average award to a successful Plaintiff is $276,148, but verdicts have been as high as $6.2M in recent years. ... 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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