A significant factor to consider when evaluating a case, in particular for purposes of settlement, is whether the opposing party intends to utilize expert witnesses. The inclusion or exclusion of opposing party's expert witness in some instances may make or break a case. The lack of an expert witness such as an economist may prohibit a plaintiff from proving future lost income which would significantly diminish the value of the case. Or failing to disclose a orthopedist as a testifying expert may preclude an injured plaintiff from establishing causation. Alternatively, the use of such expert witnesses by the plaintiff may significantly strengthen their case and convince you or your ... Continue Reading
CARES Act: What it Means for Georgia Businesses
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) into law. The Act is intended to provide relief for individuals and businesses in order to stimulate the economy in light of the damage caused by the COVID-19 pandemic. This article outlines some of the more significant issues addressed by the Act that will have an immediate impact on the way that small business owners and employers do business. Please contact us if you would like to discuss any of these topics in greater detail. Small Business Loan Provisions The CARES Act amends the Small Business Association (SBA) loan rules to mitigate the sharp economic decline already ... Continue Reading
3 Simple Steps for Getting Your Estate Planning Done While in Quarantine
Today, more than ever before, Estate Planning is important! If you don’t have an Advanced Directive and Financial Power of Attorney, at a bare minimum, you are taking serious and unnecessary risks. There is literally no better time than now to start thinking about planning and anyone who has ever experienced probate will tell you that a little bit of forethought goes a long way. In this LinkedIn article, attorney Kayla Chen provides three simple steps that you and your family can take now to be prepared in the event of a medical emergency. ... Continue Reading
Change of Condition vs. Fictional New Injury: A review of AZ Atlanta et al. v. Surge Staffing, LLC, et. al.
The workers compensation Act is most successful in its application when an injured worker receives all necessary and related medical treatment needed to return the employee back to his pre-injury state that allows him to pursue gainful employment. Ideally, the employee’s condition is restored so far as he is capable of performing the same pre-injury work duties for the same employer. In some circumstances, however, returning the employee to the pre-injury work duties can reaggravate the underlying condition that once took the employee out of work. In other circumstances, a new and separate incident within the course of employment occurs following the employees return to ... Continue Reading
DEF’s Albany office is remotely fully operational during shelter-in-place order
Friday afternoon, the Dougherty County Commission Chair Chris Cohilas and City of Albany Mayor Bo Dorough issued a shelter-in-place order in the wake of the Coronavirus pandemic. To comply with this order, our physical office in Albany is closed for non-essential matters but we are open and fully operational during this time. Our attorneys and professionals are equipped with the required technology to work remotely and remain ready and available to continue providing exceptional legal services. ... Continue Reading
COVID-19: Legal Services to Continue Despite Physical Office Closings
In order to decrease the spread of COVID-19, and in compliance with the CDC's recommendations to implement the use of social distancing strategies, Drew Eckl & Farnham has made the decision to close all of our Atlanta office starting on March 17. Despite the closing of our physical offices, we will continue providing our clients with exceptional legal services. In order to decrease the spread of COVID-19, and in compliance with the CDC's recommendations to implement the use of social distancing strategies, Drew Eckl & Farnham has made the decision to close all of our Atlanta offices starting on March 17. This decision was made for the health of our staff and the public and will ... Continue Reading
COVID-19: An Update on Our Preparations
As a valued client of Drew Eckl & Farnham, we appreciate the trust you place in us to provide quality legal services. We understand the need for our firm to provide continuous and uninterrupted legal services, and want to take this opportunity to update you on the proactive steps we’re taking to be prepared for the evolving situation with COVID-19 (the coronavirus). We take business continuity seriously and have been preparing for this situation. We have updated our business continuity plans to address infectious disease scenarios and have identified the team in Atlanta to coordinate our response, with a redundant command center prepared in Albany, GA. Our Emergency Response ... Continue Reading
New Rules for Beneficiaries Under SECURE Act Require New Strategies
On December 20, 2019, President Trump signed into law the SECURE Act. Short for "Setting Every Community Up for Retirement Enhancement," the new law has sweeping, long-term implications for beneficiaries of and contributors to retirement accounts. On December 20, 2019, President Trump signed into law the SECURE Act. Short for “Setting Every Community Up for Retirement Enhancement,” the new law has sweeping, long-term implications for beneficiaries of and contributors to retirement accounts. Under the old rule, when an account holder passed away, the remaining balance of their retirement account could to be distributed in annual installments over the life expectancy of their designated ... Continue Reading
LIMITING LITIGATION: THE GEORGIA SUPREME COURT’S REVIEW OF TIME-LIMITATION PROVISIONS
Contractual provisions controlling the venue and avenue through which a plaintiff can bring a claim against a defendant are powerful tools to control litigation should it arise. Contractual provisions controlling the venue and avenue through which a plaintiff can bring a claim against a defendant are powerful tools to control litigation should it arise. Selecting a favorable venue, or, even more important, avoiding an unfavorable venue can ensure a fair tribunal. Limiting the time in which a potential litigant can bring a claim known as the statute of limitations, can create another useful litigation advantage. Such provisions are called time-limitation provisions and ... Continue Reading
Georgia Court Takes Bright-Line Approach to Question of When Liability Insurer Has A Duty to Settle, Thereby Limiting Insurers’ Potential Bad Faith Exposure Where No Formal Settlement Demand Within Policy Limits Has Been Made
A recent Georgia Supreme Court Decision unequivocally places Georgia on the side of the insurer when it comes to the long-debated question of when a liability insurer has a duty to settle a third-party claim. In First Acceptance Insurance Co. of Georgia, Inc. v. Hughes, the Georgia Supreme Court addressed the specific question of “whether an insurer’s duty to settle arises when it knows or reasonably should know settlement with an injured party within the insured’s policy limits is possible or only when the injured party presents a valid offer to settle within the insured’s policy period.”[1] The Hughes decision involved an insured who caused a multi-vehicle collision and was, at the time ... Continue Reading