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Searching Content indexed under Litigation, Mediation & Arbitration by Drew Eckl & Farnham, LLP ordered by Published Date Descending.
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1
Workers' Compensation Claimants And Incarceration: Before, After, And Way After Conviction
Workers' compensation claims and injuries do not exist in a vacuum; they affect real people who often have real problems outside of their work injury.
United States
9 Oct 2019
2
One's Company, Two's A Crowd, And Three's Liability: O.C.G.A. § 34-9-2(a)(2) After Wills v. Clay County
The State of Georgia has made even the smallest of small businesses subject to the Workers' Compensation Act. The general rule dictating whether an employer
United States
24 Jul 2019
3
Court Rules Claims Notes Prepared After Anticipation Are Discoverable For Bad Faith Claims But Only After Bifurcation Of Claims For Breach Of Contract And Bad Faith
For decades attorneys for insurance companies and insureds have debated the discoverability of documents contained in the insurer's claims file. Frequently, the debate concerns when an insurer
United States
24 Jul 2019
4
State And Federal Courts Continue To Reject Public Policy Challenges To Arbitration Clauses
Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision
United States
17 Jun 2019
5
Clarification Or Counteroffer? Choose Your Words Carefully
A recent opinion out of the Georgia Court of Appeals is forcing insurers to choose their words carefully when seeking clarification regarding time-limited settlement demands.
United States
17 Jun 2019
7
Sharing Provisions In Protective Orders
We have noticed a troubling trend in recent product liability cases in which plaintiffs' counsel will not agree to a protective order concerning a manufacturer's confidential documents without the inclusion of a so-called "sharing provision".
United States
25 Apr 2019
8
Supreme Court Of Georgia Oral Arguments
Supreme Court Of Georgia Oral Arguments
United States
27 Feb 2019
9
Best Practices For Handling Liability Claims Involving Medicare
Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation.
United States
5 Dec 2018
10
"Are You Sure That It Was Food Poisoning?" The Current Status Of Circumstantial Evidence In Foodborne Illness Cases
Litigation arising from allegations of food poisoning is common and often costly.
United States
5 Dec 2018
12
The Court Of Appeals Chips Away At The Idiopathic Defense
When the law surrounding the idiopathic defense to on-the-job injuries is so often misunderstood, misconstrued, and misapplied by judges and lawyers, it can be very difficult for the average claims adjuster or employer...
United States
9 Oct 2018
13
Another Line Drawn To Limit Lawsuits Against Non-Resident Defendants
Maintaining a website is a necessary and important aspect of many businesses.
United States
9 Oct 2018
14
Spoliation Law For Workers' Compensation Claims Handlers
Has an attorney sent you a letter demanding that you provide or preserve evidence, such as security videos, which is potentially relevant to a case?
United States
14 Aug 2018
15
The Best Defense Is A Good Offense, And We're Not Talking About Football
Melody Kiella was published in the DRI For The Defense magainze for her article, Tips for Facilitating Collaboration Among In-House, National, and Local Counsel ...
United States
24 Jul 2018
16
Developments In Spoliation Law And EDiscovery Since Phillips vs Harmon
In 2018, it is difficult to imagine a lawsuit, or workers compensation claim, which does not involve electronically stored or transmitted information.
United States
24 May 2018
17
Spoliation: How Failing To Preserve Evidence Can Spell Disaster For Your Case
Whether it is a defective product, an unmaintained piece of equipment, or even a security tape, failing to preserve evidence relevant to the claimant's injury may be devastating to your case.
United States
24 May 2018
18
Georgia Court Of Appeals Upholds Ruling That Residential Lease May Shorten Time To Bring Personal Injury Claims
In Langley v. MP Spring Lake, LLC, the Georgia Court of Appeals upheld the trial court's ruling that a residential lease contract may shorten the limitations period from the statutory two years ...
United States
24 May 2018
19
Court Of Appeals Visits The Issue Of Continuous Employment In Two Cases In 2017
During 2017, the Court of Appeals visited the issue of continuous employment in two opinions, Avrett Plumbing Company v. Castillo, decided March 10, 2017...
United States
23 May 2018
20
All Means All: No Tortfeasor Is Safe From Apportionment
Commonly known as the "apportionment statute," O.C.G.A. §51-12-33 requires that the trier of fact divide responsibility for an injury among all those that contributed to it – parties and nonparties alike.
United States
5 Apr 2018
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