Between 2004 and 2008, Chinese drywall was installed in more than 100,000 homes in the United States. Since that time, it has been discovered that Between 2004 and 2008, Chinese drywall was installed in more than 100,000 homes in the United States. Since that time, it has been discovered that Chinese Drywall emits sulfide gases, damaging property and raising human health concerns. As a result, homeowners are filing class actions and builders are filing a myriad of suits against the manufacturers and distributors of Chinese drywall. In response to this litigation, insureds will likely turn to both their property and liability ... Continue Reading
What Do You Know? The U.S. Supreme Court Weighs In On The Relation Back Doctrine
The U.S. Supreme Court recently reversed a decision of the 11th Circuit regarding the relation back doctrine. See Krupski v. Costa Crociere, The U.S. Supreme Court recently reversed a decision of the 11th Circuit regarding the relation back doctrine. See Krupski v. Costa Crociere, 177 L.Ed. 48 (2010), overruling Krupski v. Costa Crociere, et al., 330 Fed. Appx. 892 (11th Cir. 2009). The relation back doctrine allows a plaintiff to amend his/her complaint and add a party after the statute of limitations has run when the party to be added has received sufficient notice of the suit prior ... Continue Reading
Employee Misclassification: New Scrutiny Of An Old Problem
The Employee Misclassification Prevention Act (H.R. 5107, S. 3254), or "EMPA", was introduced in the United States Senate and House of Representatives The Employee Misclassification Prevention Act (H.R. 5107, S. 3254), or “EMPA”, was introduced in the United States Senate and House of Representatives on April 22, 2010 by sponsors, Representative Lynn Woolsey of California and Senator Sherrod Williams of Ohio. If passed, this legislation would amend the Fair Labor Standards Act to make the misclassification of employees as independent contractors a violation of federal law. The law would require companies to keep record of nonemployees who ... Continue Reading
Apportionment Of Damages In O.C.G.A. § 51-12-33 Upheld By The Court Of Appeals
In 2005, the Georgia General Assembly enacted tort reform. Before 2005, multiple defendants had to contend with joint and several liability where all In 2005, the Georgia General Assembly enacted tort reform. Before 2005, multiple defendants had to contend with joint and several liability where all defendants were liable to the plaintiff as individual debtors for the entire verdict. Whether a defendant had a major or minor role in the case played no part in the amount that each defendant paid. In its extreme form, one defendant could end up paying the entire judgment. Contribution existed in law among the judgment debtors, but as ... Continue Reading