The Conflicting Obligations of Time Limit Demands and Court Approval for Settlements Involving Minors
Imagine the following scenario. Your insured is involved in a car accident in which he injures a minor. Your insured is at fault and he has a $50,000 automobile insurance policy, but the minor's medical bills are more than your insured's $50,000 automobile policy limit. After filing a lawsuit, the plaintiff attorney sends you a valid time-limit demand on behalf of his minor client, demanding your insured's policy limits of $50,000. You know that, because the proposed gross settlement amount is more than $15,000, the settlement must be submitted for approval to the court in which the action is pending. ... Continue Reading
Last year we examined plaintiffs in personal injury cases having their medical treatment funded by litigation finance companies and whether such arrangements can be excluded from evidence. As a brief recap, litigation finance companies typically become involved in lawsuits when the plaintiff is neither Medicare/Medicaid eligible nor insured. In the absence of any available insurance coverage or wherewithal to pay for treatment out of pocket, the injured person can utilize a third party finance company to fund the treatment. ... Continue Reading
Recent Developments Under Little-Used Georgia Minimum Wage Law: FLSA Changes Are Also Likely Coming Down the Pike
On November 23, 2015, the Georgia Supreme Court issued a ruling with a potentially wide-reaching impact on Georgia employers. In Anderson, et al. v. Southern Home Health Care Services, et al., the Georgia Supreme Court ruled that employees who take care of elderly and disabled people in their homes are entitled to receive Georgia's minimum wage pursuant to the Georgia Minimum Wage Law ("GMWL") despite the fact that their employers were covered by the Fair Labor Standards Act ("FLSA") and despite the fact that the employees themselves fell under FLSA exemptions for domestic workers. ... 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.
H. Michael Bagley