A conservative estimate of the number of illegal aliens living in is between 228,000 and 250,000. The majority of illegal aliens work in low paying jobs that require the performance of heavy physical labor and are often inherently dangerous, such as food processing and construction workA conservative estimate of the number of illegal aliens living in is between 228,000 and 250,000. The majority of illegal aliens work in low paying jobs that require the performance of heavy physical labor and are often inherently dangerous, such as food processing and construction work. Consequently, ’s workers’ compensation attorneys have seen a rise in claims filed by illegal aliens ... Continue Reading
Georgia’s Long Arm Statute Expanded To Include Ebay Sales
Georgia has joined the long list of states and foreign countries that have exerted personal jurisdiction over faraway individuals and businesses that transact business over the Internet.Georgia has joined the long list of states and foreign countries that have exerted personal jurisdiction over faraway individuals and businesses that transact business over the Internet. Only last year, the Georgia Supreme Court greatly expanded Georgia’s ability to assert jurisdiction over businesses whose sole contact with the state was merely through postal mail and telephone calls. (Innovative Clinical &Consulting Services v. First National Bank, 279 Ga. 672 ... Continue Reading
Foreseeability Does Not Always Extend An Employer’s Duty Of Care Under Georgia Law
In CSX Transportation, Inc. v. Williams, 278 Ga. 888, 608 S.E.2d 208 (2005), the Supreme Court of Georgia answered the following question certified to the court by the United States Court of Appeals for the Eleventh Circuit:In CSX Transportation, Inc. v. Williams, 278 Ga. 888, 608 S.E.2d 208 (2005), the Supreme Court of Georgia answered the following question certified to the court by the United States Court of Appeals for the Eleventh Circuit: Whether Georgia negligence law imposes any duty on an employer to a third-party non-employee, who comes into contact with its employee's asbestos-tainted work clothing at locations away from the workplace, such as the employee's ... Continue Reading
Expert Fees: Case Law Reform May Help Reduce Litigation Costs
A recent opinion from the U.S. DistrictCourt for the Northern District of Illinois is the latest in a series of federaljudicial decisions narrowing the range of recoverable expert fees and denying aparty reimbursement of excessive "expert related" expenses.A recent opinion from the U.S. DistrictCourt for the Northern District of Illinois is the latest in a series of federaljudicial decisions narrowing the range of recoverable expert fees and denying aparty reimbursement of excessive “expert related” expenses. In Abrams, Plaintiff’s counsel soughtreimbursement for $427,000 in expert witness fees in connection with a consolidatedclass action against Van Kampen Funds, ... Continue Reading
“Open Sesame” – Do Bad Faith Allegations In A First Party Lawsuit Mandate That Insurers Must Produce Their Entire Claims File?
In the vast majority of first party lawsuits, the plaintiff brings allegations of bad faith on the part of the insurer, in addition to the foundation claim for breach of contract.In the vast majority of first party lawsuits, the plaintiff brings allegations of bad faith on the part of the insurer, in addition to the foundation claim for breach of contract. The obvious reasoning is that this allows the possibility of significantly increasing the potential amount of money which the plaintiff may bring home. However, a bad faith allegation may also be used by plaintiffs as a tool to maximize discovery and obtain documents which otherwise might not be available. The plaintiff ... Continue Reading
The Intoxication Defense – A Shifting Tide At The Board?
When an employee tests positive for marijuana or a controlled substance following an on-the-job injury, many employers and insurers likely believe that it will be relatively easy to escape responsibility for indemnity benefits and medical benefits.When an employee tests positive for marijuana or a controlled substance following an on-the-job injury, many employers and insurers likely believe that it will be relatively easy to escape responsibility for indemnity benefits and medical benefits. Indeed, O.C.G.A. § 34-9-17(b) provides that “No compensation shall be allowed for an injury or death due to intoxication by alcohol or being under the influence of marijuana or a ... Continue Reading
Medical Malpractice Claim Cannot Be Renewed If A Defective Affidavit Is Attached To The Original Complaint
If a plaintiff files his/her first claim with a defective affidavit and dismisses it before Defendant has the opportunity to move for dismissal on the merits, then it appears that plaintiff cannot thereafter renew that exact claim under the renewal statute. If a plaintiff files his/her first claim with a defective affidavit and dismisses it before Defendant has the opportunity to move for dismissal on the merits, then it appears that plaintiff cannot thereafter renew that exact claim under the renewal statute. This is due to the fact that an invalid original complaint cannot serve as the basis for a renewed complaint under ... Continue Reading
Martines V. Worley & Sons Construction: Clarifying What Constitutes Unjustifiable Refusal Of Suitable Light-Duty Involving Undocumented Workers
While the recent decision of Martines v. Worley & Sons reiterated the principal that an employee's refusal to accept suitable light-duty employment following a work-related injury must be based upon a physical inability and/or lack of skill to perform the proffered job, the Court of Appeals further elaborated upon this principle within the context of undocumented workers.While the recent decision of Martines v. Worley & Sons reiterated the principal that an employee’s refusal to accept suitable light-duty employment following a work-related injury must be based upon a physical inability and/or lack of skill to perform the proffered job, the Court of Appeals further ... Continue Reading
Cogsa Limitations In Georgia
The Carriage of Goods by Sea Act (COGSA), among its many provisions, provides a limitation of liability for damage to cargo. Specifically, COGSA allows a limitation of $500 per package for losses to cargoThe Carriage of Goods by Sea Act (COGSA), among its many provisions, provides a limitation of liability for damage to cargo. Specifically, COGSA allows a limitation of $500 per package for losses to cargo. While this is federal law, it received rare state court treatment in the recent case of Mitsui Marine & Fire Insurance Company, Ltd. v. Hanjin Shipping Company, Ltd., Fulton County Daily Report, June 21, 2006. In this case, and a companion case, ... Continue Reading
The Nuisance Of Local Government: When Municipalities And Counties Are Liable For Nuisances
Georgia nuisance law provides a potential remedy for landowners whose property has been damaged by the activities of a developer, neighboring landowner, or municipality. Georgia nuisance law provides a potential remedy for landowners whose property has been damaged by the activities of a developer, neighboring landowner, or municipality. O.C.G.A. § 41-1-1 defines a nuisance as "anything that causes hurt, inconvenience, or damage to another and the fact that the act done may be otherwise lawful shall not keep it from being a nuisance. The inconvenience complained of shall not be fanciful, or such as would affect only one ... Continue Reading