General contractors obtain the services of subcontractors as a common business practice to help construction projects become completed more efficiently. Often, these subcontractors are more capable of performing the specialized work, and in many ways, the construction industry is a subcontractor-driven industry. The addition of subcontractors to a construction project brings additional workers hired by each subcontractor. In the event a subcontractor's employee is injured in the performance of the work at the construction site, a question arises of who may be held responsible for payment of workers' compensation benefits for those injuries. The current trend in the construction industry ... Continue Reading
Another Line Drawn to Limit Lawsuits against Non-Resident Defendants
Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the business has never stepped foot inside a foreign state. Where a business is sued in a foreign state, the business may have an affirmative defense based on lack of personal jurisdiction Whether the creation and maintenance of a website subjects the business to a lawsuit in a foreign state depends on that state's personal jurisdiction laws, which typically includes a Long-Arm statute. Maintaining a website is a necessary and important aspect of many businesses. A website can also impact where a business may be sued, even when the ... Continue Reading
The Art of Collaboration: Tips for Facilitating Collaboration Among In‐House, National, and Local Counsel in Multijurisdictional Litigation
We've all heard the adage that "the best defense is a good offense." The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, multijurisdictional, or serial litigation. We’ve all heard the adage that “the best defense is a good offense.” The thought is that by being proactive, rather than passive or merely reactive, you will gain a strategic advantage over your opponent by forcing the opponent to be on the defense. This idea certainly rings true in all litigation, especially in mass tort, ... Continue Reading
The Court of Appeals Chips Away at the Idiopathic Defense
When the law surrounding the idiopathic defense to on-the-job injuries is so often misunderstood, misconstrued, and misapplied by judges and lawyers, it can be very difficult for the average claims adjuster or employer to make heads or tails of the idiopathic defense, what it means, and when it applies. The Georgia Court of Appeals recently attempted to provide some clarity in this morass of conflicting decisions and legal theories. In doing so, the Court chipped away at the scope of the idiopathic defense by its ruling in Cartersville City Schools v. Johnson 345 Ga. App. 290, 812 S.E.2d 605 (2018). When the law surrounding the idiopathic defense to on-the-job injuries is so often ... Continue Reading
Georgia Court of Appeals Upholds Ruling that Residential Lease May Shorten Time to Bring Personal Injury Claims in 2018
In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court’s ruling that a residential lease contract may shorten the limitations period from the statutory two years to one year for a resident to bring a personal injury claim against their landlord. This is the first time a Georgia appellate court has enforced a contractual provision shortening the time period to bring a personal injury claim against a landlord. Generally, the shortening of a limitations period has been limited to breach of contract claims. In Langley, the resident filed suit on March 3, 2016 against her apartment complex arising out of a trip and fall in the common area of the apartment ... Continue Reading
The Strike Zone’s Over Here, Ump! A Multi-Jurisdictional Overview of Recent Coverage and Valuation Issues Arising During Appraisal
In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment process forward even in the event of such disputes. Standard appraisal provisions provide that upon a disagreement between the insurer and the insured on the "amount of loss," either party may demand an appraisal. After such a demand is made, each party has a designated time period in which to identify an appraiser. In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment ... Continue Reading
Married or Meretricious: A Reaffirmation of the Dependency Benefits Doctrine in Georgia Workers’ Compensation Death Claims by the Georgia Supreme Court in Reynalda Munoz Sanchez v. Allen Carter et al.
Recently, the Georgia Supreme Court was petitioned to revisit its prior ruling in Williams v. Corbett, 260 Ga. 668, 398 S.E.2d 1 (1990), on whether an unmarried partner in a meretricious relationship was eligible to receive dependency benefits pursuant to the Georgia Workers' Compensation Act when his or her unmarried partner passed away as the result of a compensable workplace accident. In its decision to not grant certiorari in Reynalda Munoz Sanchez v. Allen Carter et al., Case No. S18C0408, decided May 7, 2018, the Supreme Court of Georgia applied stare decisis and upheld the decision of the Georgia Court of Appeals in Sanchez v. Carter et al., 343 Ga. App. 187, 806 S.E.2d 638 (2017), ... Continue Reading
Spoliation Law for Workers’ Compensation Claims Handlers
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if a claimant is destroying or hiding any evidence which would impeach the claimant's case? These questions involve the duty to preserve potentially relevant evidence. Spoliation is the intentional, or negligent, destruction of potentially relevant evidence which a party has a duty to preserve. Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case? Have you wondered if ... Continue Reading
Piercing the Corporate Veil: How to Ensure Your Business’s Debt Does Not Become Your Debt
Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate is to avoid personal liability for their business's obligations. However, the mere fact that you created a separate corporation or limited liability company ("LLC") will not always shield your personal assets from a lawsuit against your company. Many business owners in Georgia create legal entities under which they do business. While some business owners choose to create these entities for tax benefits, what seems to be the chief reason business owners incorporate ... Continue Reading
Fraud in Part, Fraud in Whole?
In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. In the first-party insurance context, most policies provide more than one type of coverage. A homeowner’s policy will usually contain a liability component and a property component, as well as providing different types of ... Continue Reading