The United States Supreme Court issued its unanimous decision in Montgomery v. Caribe Transport II, LLC, No. 24-1238, on May 14, 2026, significantly reshaping the landscape of freight broker liability. The decision removes a defense that brokers have relied upon for years and is expected to increase negligent hiring claims nationwide. The case arose from a collision involving truck driver Shawn Montgomery. After pulling onto the shoulder of the roadway to address a mechanical issue with his vehicle, Montgomery was struck by a tractor-trailer that left the roadway. The collision resulted in severe and permanent injuries, including the amputation of Montgomery’s leg. The ... Continue Reading
Critical Components to Effective Early Investigation of Retail and Hospitality Premises Claims
Retail and hospitality premises claims are in many ways shaped long before suit is filed. The facts most likely to aid in evaluating and defending liability, causation, damages, and compromise value may exist only briefly: surveillance footage and other data may be overwritten or automatically deleted, employees may leave, physical conditions may be repaired or altered during renovation, and witnesses’ memories are likely to fade. For that reason, early investigation is a key to mounting a successful defense. Three critical components of early investigation are: 1. Prompt investigation and preservation of incident and scene evidence; 2. investigation of the claimant’s alleged injuries and ... Continue Reading
What Makes a Slip‑and‑Fall Claim Defensible Under Georgia Law
The evidence courts expect and why it must be preserved from day one Appellate case law in Georgia supports that slip‑and‑fall claims are not to be decided by the seriousness of the injury or the mere fact that a fall occurred. They rise or fall on evidence. To obtain summary judgment, a premises owner must be able to show, through admissible proof, that it lacked superior knowledge of the hazard or that the plaintiff had equal or greater knowledge and failed to exercise ordinary care. For insurers and retail insureds, defensibility is often determined in the hours immediately following an incident. When ... Continue Reading
Navigating Discovery: A Strategic Approach to Case Preparation
Written discovery is a fundamental part of the litigation process and one that most individuals involved in a lawsuit will encounter. While drafting these responses is routine for attorneys, it can feel unfamiliar and time-consuming for individuals who have never been involved in a lawsuit. This guide is intended to offer practical tips to help navigate the process, particularly for those facing it for the first time. Typically, written discovery responses consist of three main types: requests for admissions, interrogatories, and requests for production of documents. Each serves a different purpose, and your role in responding is important to ensure your defense is as strong ... Continue Reading
Workers’ Compensation Case Law Update: “In Prominent Places”
Maintaining a Panel of Physicians in compliance with O.C.G.A. § 34-9-201 is among the most important steps an Employer/Insurer can take to mitigate their workers’ compensation claim exposure in Georgia. Strict compliance with the entire statute is required, but the reward for doing so is maintaining control over authorized medical treatment. If one of the requirements is not met, however, employees are not bound by the panel and are entitled to designate the authorized treating physician (“ATP”) of their choosing. O.C.G.A. § 34-9-201 provides the following: Requirements: (b)(1)… a list of at least six physicians or professional associations or corporations of ... Continue Reading
What Businesses Need to Know About Emerging PFAS Regulations
Per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals,” are rapidly becoming one of the most significant environmental regulatory challenges facing businesses today. Used historically in products ranging from nonstick cookware to fire-fighting foam and industrial coatings, PFAS persist in the environment and have drawn increased scrutiny from regulators at both the federal and state levels. A Rapidly Evolving Regulatory Landscape In recent years, regulators have accelerated efforts to address PFAS contamination. The U.S. Environmental Protection Agency (EPA) has designated certain PFAS compounds as hazardous substances under federal law and has introduced ... Continue Reading
Practical Use of AI: Don’t be a Cautionary Tale
In today’s world, the injection of artificial intelligence (AI) is painfully prevalent in everyday life. From social media to simple Google searches, an individual is likely to run into information that has been produced by a seemingly sentient machine in the clouds. When used correctly, AI can prove to be an incredibly valuable resource for any business venture. However, failure to responsibly rely on AI-generated information tends to result in the user’s own peril, especially when it comes to matters of the law. Courts and judges are increasingly cracking down on the misuse of AI and the replacement of human work with that of artificial intelligence. Take the ... Continue Reading
How to Handle the Pro Se Plaintiff: Practical Guidance for Claims Professionals
Much like in life, the business of insurance defense is about the cards we are dealt with. The more experience you have, the easier it is to know the good cards, the bad cards and how to play them. But what happens when you are dealt with a “wildcard”? This is what it can feel like when matched against a self-represented, or pro se, litigant. Whether as a claims adjuster or an insurance defense attorney, we often take for granted that the process from the initial claim through litigation will follow a standard procedure. But the introduction of someone who is unfamiliar with ... Continue Reading
A Practical Guide to the Panel of Physicians
The panel of physicians can be a pivotal aspect to any workers’ compensation claim. With a proper panel, the employer can limit which physicians an injured employee can designate as their Authorized Treating Physician. While this may seem insignificant, whether the panel is valid can greatly affect the potential exposure in a claim. If there is no panel posted on the date of injury, or if the panel posted is invalid for any reason, the injured employee can control the medical care throughout the life of the claim. This means that the injured employee can pursue care from a provider who might be known to assign prolonged work restrictions or prescribe extensive but ultimately ... Continue Reading
Is Negligence Per Se Alone Evidence of Bad Faith?
In the context of O.C.G.A. § 13-6-11, “bad faith” refers to the conduct of the defendant out of which the cause of action arose. Brown v. Baker, 197 Ga. App. 466, 467 (1990). Georgia’s appellate courts explain that bad faith: [C]annot be prompted by an honest mistake as to one's rights or duties but must result from some interested or sinister motive. Bad faith is not simply bad judgment or negligence, but it imports a dishonest purpose or some moral obliquity, and implies conscious doing of wrong, and means breach of known duty through some motive of interest or ill will. Rapid Grp., Inc. v. Yellow Cab of Columbus, Inc., 253 Ga. App. 43, 49 (2001); see also Metro. Atlanta Rapid ... Continue Reading