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|Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation|
Justin R. Lambert, Steven L. Major; Bennett Jones LLP;
January 19, 2015, previously published on April 25, 2014When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those...
|Litigation Pitfalls: Failure to Preserve Evidence in Your “Control.”|
Lisa Richardson; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Spoliation of evidence is the destruction or failure to preserve evidence within the possession, custody or control of a party after that party anticipates litigation. A charge of spoliation is serious because it can lead to sanctions.
|Surveillance, Swords, and Shields - Oh My|
Hadley E. Hayes; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on March 2014At the time of an incident it is often difficult to determine whether litigation will ensue. Even more difficult to determine is what documents, reports, and other evidentiary items may be relevant to that litigation. Proper evidence retention can not only be used to shield a defendant property...
|Apportionment: The Court Clarifies the State of Contribution and Indemnity|
Emily M. Shuman; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on May 2014Since tort reform was enacted in 2005, the Georgia law on apportionment has continued to evolve. To some extent, the Courts have become more clear about whether contribution and indemnity still exist.
|To Catch a Plaintiff: Production of Surveillance Evidence Prior to Trial|
Whitney Lay; Drew Eckl & Farnham, LLP;
January 16, 2015, previously published on September 2014The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or...
|Case Against Utility Remanded For Punitive Damages Trial Over Decision Not To Relocate Utility Pole|
Sutherland Asbill Brennan LLP;
January 15, 2015, previously published on December 12, 2014The Court of Appeals of Ohio affirmed a jury’s verdict that found in favor of a motorcyclist injured after striking a deer and swerving off a public road where he hit a utility pole. Yesterday, the appellate court sustained the bulk of the verdict for approximately $700,000 against the owner...
|Is an Alford Plea in a Criminal Case Admissible in a Subsequent Civil Case?|
Matthew T. Jones; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on January 2014Incidents that involve an alleged criminal act often times give rise to a subsequent civil lawsuit brought by the victim. However, because criminal statutes of limitations are generally shorter than civil statutes of limitations and criminal defendants have a Constitutional right to expedited jury...
|Knowledge is Power: Proceed with Caution (In Premises Liability Cases)|
Christina Hahn Jay; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on March 2014It is well known that “[w]here an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises...
|Georgia’s Rule 68 - Offer of Settlement - A Refresher and Recent Developments|
Matthew A. Nanninga; Drew Eckl & Farnham, LLP;
January 12, 2015, previously published on January 2014If anyone questions the significance of Georgia’s Rule 68 offer of settlement statute, look no further than the front page of the Fulton County Daily Report in the last two months. We have seen Rule 68 effectively used to generate significant awards of attorney fees. In recent weeks, a Fulton...
|Injury Victims Beware - Insurance Companies Are Watching You|
Kevin P. Rauseo; Hamblett & Kerrigan, P.A.;
December 19, 2014, previously published on December 2014Injury Victims Beware - Insurance Companies Are Watching You. The perils of social media in personal injury cases.