The resolution of construction disputes can be a dizzying process even for the most experienced attorneys and their clients. A project which begins with high hopes and expectations, all too often ends in confusion and posturing among the several varying interests The resolution of construction disputes can be a dizzying process even for the most experienced attorneys and their clients. A project which begins with high hopes and expectations, all too often ends in confusion and posturing among the several varying interests. The thought of allowing a jury to attempt to evaluate what are typically complex and sometimes technical ... Continue Reading
The Dust Begins To Settle: Georgia Supreme Court Rules On Constitutionality Of Three Provisions Of 2005 Tort Reform Legislation
In 2005 the Georgia Legislature passed tort reform legislation which made sweeping procedural and substantive changes to existing tort law.In 2005 the Georgia Legislature passed tort reform legislation which made sweeping procedural and substantive changes to existing tort law. The reforms had the potential to significantly reduce the cost of litigation in the long term: the question was simply which provisions would hold up to appellate challenges and how long it would take for those challenges to be heard. Five years later, the dust is beginning to settle. The Georgia Supreme Court has issued three major rulings on tort reform provisions in the last month, ... Continue Reading
Property Corner – Summary Judgment Granted On Both Application And Claims Misrepresentation
In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. In the unpublished decision of Pierce v. Allstate Insurance Company, 2008 U.S. Dist. LEXIS 71957 (USDC, ND of GA, Atlanta Div., Sept. 19, 2008) Judge Owen Forrester did something extremely rare in a property insurance case. He granted summary judgment based upon both application and claims misrepresentation. While it is not particularly unusual to have a summary judgment granted for application ... Continue Reading
Evaluating And Preserving Your Subrogation Claim: Five Practice Pointers
What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. What follows are five practice pointers that highlight issues which are often overlooked when evaluating a subrogation claim. Look for the "Waiver of Subrogation" Clause If you are not familiar with these clauses, let me explain. A waiver of subrogation clause is exactly what it sounds like. In more and more contracts now, the parties to the contract will agree to release not only their claims, but the claims of their ... Continue Reading
Broda V. Dziwura: What Has Happened To One-Injury-One-Satisfaction?
Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. Under Georgia law, a plaintiff traditionally has been limited to one satisfaction for one injury. See Kroger Co. v. Mays, 262 Ga. App. 339, 664 S.E.2d 818 (2008). However, after a February 8, 2010 opinion issued by the Georgia Supreme Court, the one-injury-one-satisfaction rule has been abridged and curtailed. In Broda v. Dziwura, 2010 Ga. LEXIS 152 (Feb. 8, 2010), the Supreme Court of Georgia unanimously found that “the applicability of the ... Continue Reading