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 ... Continue Reading
Supreme Court of Georgia Oral Arguments in February
Steve Miller, serving as counsel for Milliken & Company, urge the high court to reverse the Court of Appeals decision, arguing that it "overrides the plain language of Georgia's antiindemnity statute," Georgia Code § 13-8-2 (b). That statute prohibits only indemnity agreements "1) where the injury is caused by or resulting from the 'sole negligence' of the indemnitee," which in this case would be Milliken, and "2) that relate to the construction, alteration, repair, or maintenance of a building structure, appurtenance, or appliance." Supreme Court of Georgia, December 10, 2018 Oral Arguments ... Continue Reading
Requests for Medical Treatment in Workers’ Compensation
Let's consider the simplest possible workers' compensation scenario. An employee is injured on the job. There is a clear incident. There are several witnesses. The incident is immediately reported to the employee's supervisor, and an incident report is completed. The employee takes and passes a drug screen. Petitions for Medical Treatment Overview Let’s consider the simplest possible workers’ compensation scenario. An employee is injured on the job. There is a clear incident. There are several witnesses. The incident is immediately reported to the employee’s supervisor, and an incident report is completed. The employee takes and passes a drug screen. The employee is shown a valid ... Continue Reading
Gender in the Workplace
Over the last year, gender considerations have garnered significant attention from the media, employees, employers, courts, and the Equal Employment Opportunity Commission (the "EEOC"). Employers should expect the dialogue on gender issues in the workplace to continue, and should take proactive measures to ensure they are in compliance with all state and federal employment laws. Over the last year, gender considerations have garnered significant attention from the media, employees, employers, courts, and the Equal Employment Opportunity Commission (the “EEOC”). Employers should expect the dialogue on gender issues in the workplace to continue, and should take proactive measures to ensure ... Continue Reading
A Drug Free Workplace
Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. Recreational marijuana is now legal in more states than ever before. Medical marijuana has been legalized in the state of Georgia for individuals with specific ailments. This may mean that a percentage of the workforce is impaired on the job. Many employers stopped pre-employment drug testing for marijuana because too many potential workers failed their drugs test, and because presence of marijuana in your system does not mean you are currently ... Continue Reading
Statutory Employment in the Trucking Industry and Preventative Measures to Prevent Liability
Large motor carriers and their workers' compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the "owner-operator", who Georgia law defines as "an equipment lessor who leases his vehicular equipment with a driver to a carrier." Large motor carriers and their workers’ compensation insurers are not strangers to claims brought by contractor truck drivers claiming to be employees of the carrier. A type of contractor commonly seen in these cases is the “owner-operator”, who Georgia law defines as “an equipment lessor who leases his vehicular equipment with a ... Continue Reading
New Laws Adopted Make Adoptions Easier in Georgia
As of September 1, 2018, adoptions in Georgia are easier. The state's Adoption Code was significantly revised, adding clarity and modernity to some laws not touched since 1990. The revisions seem to reflect the state's articulated interest in "promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements." While the changes are vast from residency requirements of adoptive parents to assistance for birth parents, this article highlights many of the new laws. As of September 1, 2018, adoptions in Georgia are easier. The state’s Adoption Code was significantly revised, adding clarity and modernity to some laws not touched since ... Continue Reading
Answering the Opposition to Charitable Light Duty Work
With increasing regularity, our practice continues to encounter employers who utilize transitional charitable light-duty placement when they are unable to accommodate injured workers' work restrictions. However, as a natural evolution there is also an increasing opposition to this practice. Perhaps naively, I find myself wondering; "What's the big deal; it's just charity work?" To me it would seem that the injured worker is getting paid, they are getting out of the house, and they are serving their own communities. With increasing regularity, our practice continues to encounter employers who utilize transitional charitable light-duty placement when they are unable to accommodate injured ... Continue Reading
“Are you sure that it was food poisoning?” The Current Status of Circumstantial Evidence in Foodborne Illness Cases
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. 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 ... Continue Reading
Best Practices for Handling Liability Claims Involving Medicare
Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation. The MSPA was created in 1980 to attempt to shift costs from Medicare to other private payers. 42 U.S.C. § 1395y (1980). Pursuant to the MSPA, Medicare is the "secondary payer" to insurance plans and programs for individuals covered through (among other things) auto and other liability insurance or no-fault liability insurance. Id. Overview of the Medicare Secondary Payer Act (MSPA) Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker’s ... Continue Reading