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
THIRD-PARTY LITIGATION FUNDERS: THE “PARTY” YOU DIDN’T KNOW WAS EXERCISING CONTROL OVER YOUR LITIGATION AND WHAT YOU CAN DO ABOUT IT
It is undeniable that litigation funding is taking the legal world by storm. In 2017, 36% of U.S. law firms reported using litigation funding, which was a 414% increase in use since 2013 when only 7% of law firms reported using it).1 Introduction to Litigation Funding It is undeniable that litigation funding is taking the legal world by storm. In 2017, 36% of U.S. law firms reported using litigation funding, which was a 414% increase in use since 2013 when only 7% of law firms reported using it).1 In its most basic form, litigation funding allows a plaintiff or a lawyer to obtain a cash advance from a third-party lender in exchange for a percentage of the proceeds recovered from the ... Continue Reading
Seepage or Leakage: What Coverage Exists for the First 13 Days?
Since 2017, several courts have held that the exclusion for damages caused by "seepage or leakage" of water which occurs "over a period of weeks, months, or years" does not bar coverage for damages occurring during the first 13 days. Since 2017, several courts have held that the exclusion for damages caused by “seepage or leakage” of water which occurs “over a period of weeks, months, or years” does not bar coverage for damages occurring during the first 13 days. If a court finds such coverage exists, questions remain regarding the damages recoverable. For example, who will have the burden of separating the damages that may have occurred within the first 13 days of the leak from the ... Continue Reading
The Lunch Break and Workers’ Compensation
For a typical work injury to be compensable under the Workers' Compensation Act, the claimant bears the burden of proving that "an injury by accident" arose "out of and in the course of [their] employment," and both of these "independent and distinct criteria" must be satisfied. O.C.G.A. § 34-9-1(4); Mayor and Alderman of the City of Savannah v. Stevens, 278 Ga. 166 (1) (2004). "In the course of the employment" has been defined as relating to the "time, place, and circumstances under which the accident takes place, and an accident arises… For a typical work injury to be compensable under the Workers’ Compensation Act, the claimant bears the burden of proving that “an injury by accident” ... Continue Reading
To the victor goes the spoliation? Best practices for eDiscovery and the preservation of electronically stored information
eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence. Unlike taking a deposition or attending a hearing, eDiscovery is not a single action, but a series of linked actions which begin prior to the commencement of litigation and continue until the electronic information is presented at trial (if the case gets that far). eDiscovery is the procedure by which parties involved in litigation preserve, collect, review, and exchange information in electronic formats in order to use that information as evidence. Unlike taking a deposition or attending a hearing, ... Continue Reading
Should We Probate Grandma’s Will?
At the right bold age of 100, Grandma passed peacefully in her sleep. A "citizen of the world" (but with her sole residence located in Cobb County in the State of Georgia) she lived a long and happy life and is survived by her dozens of children, grandchildren, great-grandchildren, and a very grumpy cat. At the right bold age of 100, Grandma passed peacefully in her sleep. A “citizen of the world” (but with her sole residence located in Cobb County in the State of Georgia) she lived a long and happy life and is survived by her dozens of children, grandchildren, great-grandchildren, and a very grumpy cat. Grandma let her wishes be known in a thoughtfully drafted and executed Last Will ... Continue Reading
Shifting the Burden to the Employee: The Case for Statutory Change in the WC-240 Process
As many defense attorneys, claims adjusters, and employers can attest, the current law governing the return to work process when an employee is released to light duty is onerous and subject to manipulation by the employee and his attorney. I. The Unfortunate Reality of the Current WC-240 Process As many defense attorneys, claims adjusters, and employers can attest, the current law governing the return to work process when an employee is released to light duty is onerous and subject to manipulation by the employee and his attorney. O.C.G.A. § 34-9-240 governs the process by which an employer offers suitable light ... Continue Reading