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Under Certain Circumstances Construction Defect Claims Against Contractors May Be Barred Under Georgia Law

January 05, 2008 BY Def Admin | General

In addition to the trial defenses available to a contractor accused of negligent design or construction, law provides contractors with defenses which may entitle them to judgment as a matter of law under certain circumstances. ... Continue Reading

The Defensive And Offensive Approach To Attorney's Fees: How To Avoid (And Request) Them.

January 04, 2008 BY | General

Attorney's fees – usually paired with requests for litigation costs, it is often thrown into a hearing request whether justified or not. ... Continue Reading

Subrogation: Can An Insurer Seek Punitive Damages Through The Use Of A Loan Receipt?

January 03, 2008 BY Brian Moore | General

A "loan receipt" between an insured and an insurer creates a legal fiction whereby an insurer "loans" the insured money in response to a claim to establish subrogation rights. See American Chain & Cable Co., Inc. v. Brunson,157 Ga. App. 833, 278 S.E.2d 719 (1981). ... Continue Reading

Redefining Horseplay: Relaxing The Workers' Compensation Bar To Employee Suits Against Co-Workers

January 02, 2008 BY Def Admin | General

Under law if an employee steps aside from the duties of his employment to engage in horseplay or practical joking, or so engages while performing his duties, and an accidental injury results, the resulting injury is not compensable. ... Continue Reading

A General Overview Of Death Benefits Pursuant To Georgia Workers' Compensation Law

January 01, 2008 BY Bonnie Morris | General

One of the most dreaded and difficult workers' compensation scenarios an employer can face is the death of an employee. Although employee deaths are fortunately rare, every employer should understand the workers' compensation implications of such an event. ... 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

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