The Supreme Court of Georgia recently overruled the long-held “scheduled break exception” in Frett v. State Farm Employee Workers’ Compensation, 844 S.E.2d 749 (2020). Historically, Georgia courts determined, under the scheduled break exception, or scheduled lunch-break exception, that an injury sustained during an employee’s scheduled break while at work was not compensable because, during a scheduled break, the employee is pursuing an individual affair. See Ocean Accident & Guarantee Corporation et al. v. Farr, 180 Ga. 266, 178 S.E. 728 (1935). In the Farr case, the employee was off the clock and on his way to eat lunch when he slipped and fell while still on the ... Continue Reading
Sticking Points: An Analysis of Georgia Federal Courts’ Recent Daubert Rulings in First-Party Property Cases
Rulings on Daubert motions should not be underestimated: a favorable ruling can provide confidence and credibility while an unfavorable ruling can undermine any possibility of success at trial. By taking note of recent rulings on motions to exclude, first-party property insurers can prepare more effective motions to exclude and coach their own experts on issues that may arise. Federal Rule of Evidence 702 governs the admissibility of expert testimony, which provides that “a witness qualified as an expert by knowledge, skill, experience, training, or education” may testify in the form of an opinion “if (1) the testimony is based upon sufficient facts or data, (2) the testimony ... Continue Reading
CAN’T TRUST THIS: CONSEQUENCES OF BAD CONTRACTS
Contracts are a part of our daily lives. We sign financing documents to purchase cars and leases to rent apartments. We are handed thick stacks of paper to review when deciding to invest in seemingly great business opportunities. But few carefully read any of these documents, and almost no one reads the boilerplate language at the end of these documents. This is a mistake. All too often the person sitting across from us at the “deal table” is more concerned with closing the deal or meeting a monthly sales quota, or even unloading a business that is losing money, than with telling you the whole truth about the deal. So, what happens when you sign a contract and then receive ... Continue Reading
Safety Dance: Georgia COVID-19 Pandemic Business Safety Act
On August 5, 2020, Georgia became the ninth state to enact legislation aimed at protecting businesses from liability related to COVID-19 transmission. Codified at O.C.G.A. § 51-16-1, et seq., the Georgia COVID-19 Pandemic Business Safety Act states that entities, individuals, healthcare providers, and healthcare facilities cannot be held liable for deaths related to COVID-19 transmission, infection, exposure, or potential exposure, unless a plaintiff is able to prove gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. Further, the Georgia COVID-19 Pandemic Business Safety Act allows businesses the opportunity to take ... Continue Reading
Partner Jeff Ward quoted in ‘Uncharted Territory: Georgia Trial Lawyers Prepare to Resume Jury Trials’ by the Daily Report
In 'Uncharted Territory': Georgia Trial Lawyers Prepare to Resume Jury Trials, the Daily Report gains insight from various trial lawyers on their thoughts on resuming in-person jury trials and what protective measures they believe are necessary to do so. DEF Partner and Georgia Defense Lawyers Association (GDLA) President, Jeff Ward expresses the significance of having a live jury, however questions the precise approach to do so. With no end in sight with COVID-19, trial lawyers are left attempting to calculate the best and safest method for jury trials to recommence. “I think everybody wishes the same thing—that we can get back in the courtrooms as soon as we can safely,” said Jeff ... Continue Reading
Partner Melody Kiella will be participating in “Navigating Uncertainty Together: Practical Strategies for Cultivating Resilience in 2020 & Beyond”
Partner Melody Kiella will be participating in “Navigating Uncertainty Together: Practical Strategies for Cultivating Resilience in 2020 & Beyond” with Stacey Dougan. This session is part of the DRI Virtual Annual Conference and is available to watch at your convenience beginning October 21st at 4pm. Watch here ... Continue Reading
NEW COVID-19 RULING: FIRST GEORGIA RULING ON BUSINESS INCOME LOSS RELATED TO COVID-19
On October 6, 2020, a Georgia Federal Court issued the state’s first ruling addressing insureds’ business interruption claims related to COVID-19. Judge Thomas W. Thrash with the Northern District granted Allied Insurance Company’s motion to dismiss and denied plaintiffs’ motion to certify questions of law to the Georgia Supreme Court. The case is Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 1:20-cv-02939 (N.D. Ga. 10/6/20). Plaintiffs, Henry’s Louisiana Grill and Henry’s Uptown, are a restaurant and private party space, who ceased operations following the Executive Order declaring a “Public Health State of Emergency” issued by Georgia Governor Brian ... Continue Reading
Jeff Ward Quoted in Plaintiffs and Defense Bars Unite for Courthouse Mask Fundraiser by the Daily Report
Plaintiffs and Defense Bars Unite for Courthouse Mask Fundraiser discusses how Georgia Defense Lawyers Association and Georgia Trial Lawyers Association have partnered together for a fundraiser to ease the process of reopening the courts. President of GDLA, Jeff Ward explained that Funds raised through Mask Up for Justice! will be allocated towards providing masks and other PPE of those who will be using the courthouse, including jurors, courthouse employees and lawyers. “We’re trying to get us back to normal, whatever that looks like in the time of COVID and get the courts safely reopened.” Full Article ... Continue Reading
NEW COVID-19 RULING: TWO ADDITIONAL COURTS DENY INSURERS’ MOTIONS TO DISMISS
In the last week, two federal district courts have denied insurers’ motion to dismiss COVID-19 related lawsuits filed by insureds. The first court applied its previous definition of what constitutes a “physical loss” to hold the insureds stated a claim for relief while the other court found there was no binding state law case interpreting the policy’s Virus Exclusion allowing it to make a coverage decision on a motion to dismiss. The first opinion was issued on September 21, 2020 by a Missouri Federal District Court. Blue Springs Dental Care v. Owners Ins. Co., Case No.: 20-CV-00383-SRB (W.D. MO 9/21/20). The issue in Blue Springs was whether the insureds stated a claim that it suffered a ... Continue Reading
LISTEN NOW: Drew Eckl & Farnham’s Podcast Episode on Depositions in Georgia in the Age of COVID-19
It's hard to imagine anything in today's world that has not been impacted by COVID-19. The legal profession is, of course, no exception. Lawyers must be prepared each day to respond and adjust to the shifting sets of challenges presented by the coronavirus pandemic. The goal for each attorney should be to provide excellent legal services while ensuring that everyone involved stays healthy and safe. SO WHAT DO WE DO ABOUT DEPOSITIONS DURING THIS TIME? Listen the Episode Now Do you have a topic you'd like to hear about? Click the link below and fill out the form to let us know. Submit Topic Suggestions ... Continue Reading