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Recent Court of Appeals Case Regarding Georgia Street Gang Terrorism and Prevention Act a Win for Plaintiffs

May 29, 2020 BY Bartlett Benton | General Liability

On March 16, 2020, the Georgia Court of Appeals entered a ruling in the case of Star Residential, LLC vs. Hernandez for plaintiffs who bring claims under the Georgia Street Gang Terrorism and Prevention Act. ... Continue Reading

A Catch 22: The Interplay Between Bad Faith and Removal

May 29, 2020 BY Shayla Bivins | General Liability

Federal diversity jurisdiction is established where 1) the opposing parties to a lawsuit are citizens of different states and 2) the amount in controversy exceeds $75,000.1 To successfully remove a state court action to federal court based on diversity jurisdiction, defendants must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional amount where plaintiffs have failed to plead the specific amount of damages and represents to a court that the amount in controversy does not exceed $75,000.2 ... Continue Reading

Expert Witness: To Exclude, or Not to Exclude, That is the Question

March 31, 2020 BY Robert Quinn | General Liability

A significant factor to consider when evaluating a case, in particular for purposes of settlement, is whether the opposing party intends to utilize expert witnesses. The inclusion or exclusion of opposing party's expert witness in some instances may make or break a case. The lack of an expert witness such as an economist may prohibit a plaintiff from proving future lost income which would significantly diminish the value of the case. Or failing to disclose a orthopedist as a testifying expert may preclude an injured plaintiff from establishing causation. Alternatively, the use of such expert witnesses by the plaintiff may significantly strengthen their case and convince you or your client that settlement is more advantageous than proceeding to trial. The use of an expert witness becomes even more important when the other side intends to use one. There are countless instances where juries put undue weight on the testimony of an expert merely because the other side failed to present similar testimony to rebut the expert's opinion. This makes the disclosure of an expert witness critical for evaluating a case for settlement. ... Continue Reading

LIMITING LITIGATION: THE GEORGIA SUPREME COURT'S REVIEW OF TIME-LIMITATION PROVISIONS

January 27, 2020 BY Alisha Dickie | General Liability

Contractual provisions controlling the venue and avenue through which a plaintiff can bring a claim against a defendant are powerful tools to control litigation should it arise. ... Continue Reading

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

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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