A crime victim who pursues a civil case is looking for deep pockets; the actual criminal is therefore rarely a "target defendant" simply because he has no assets.A crime victim who pursues a civil case is looking for deep pockets; the actual criminal is therefore rarely a “target defendant” simply because he has no assets. As to any other potential defendants the rule in most cases, a criminal act is a superseding event which breaks a chain of causation. However, a significant exception to this rule arises in the context of premises liability cases; in Georgia, an owner or occupier of land in Georgia owes a non-delegable duty to keep its premises ... Continue Reading
The Perils Of Producing Applicant And Employee Medical Records In Light Of The EEOC Decision
In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett's employer, the In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett’s employer, the United States Postal Service (“USPS”), violated the Rehabilitation Act when it released Mr. Bennett’s medical information to a private party in response to a state court subpoena. The USPS released Mr. Bennett’s medical information to a defendant in a lawsuit filed by Mr. Bennett in response to a Texas state court ... Continue Reading
Caution: Employee Accidents Caused By Cell Phone Distractions
We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations than in driving safely. It is undisputed that this recent trend has led to an increased number of automotive accidents, which impacts both employers and insurers. It is a well accepted rule in Georgia that injuries suffered by traveling ... Continue Reading
“Don’t Let The Evidence Spoil”
You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of your patrons, while sitting on a bar stool and enjoying some tasty bar food and a good game of football, all of a sudden plunges to the floor. You rush to his aid only to find out that the bar stool seat has broken off from the legs. Your patron was injured and you’re concerned – ... Continue Reading
Mcrae V. Arby’s: What It Does And Does Not Mean
On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby's Restaurant Group thatis causing a lot of frenzy in the world of workers' compensation. On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby’s Restaurant Group thatis causing a lot of frenzy in the world of workers’ compensation. This 4-3 majority opinion (with two vigorous dissents) has stirred the age-old debate of whether attorneys in workers’ compensation cases can communicate “ex parte” with the claimant’s treating doctors. Does McRae mark the end of attorney-doctor ex parte communications or of the poor man’s ... Continue Reading