PENNSYLVANIA ATTORNEYS TAKE NOTE – A Voluntary Settlement Agreement May No Longer Bar A Legal Malpractice Action
By: Patrick Cosgrove and Kayla Panek
Pennsylvania has long been an outlier amongst jurisdictions in holding that clients cannot sue their attorney for legal malpractice after voluntarily agreeing to a settlement. A recent concurring opinion by a Pennsylvania Supreme Court …
Efficacy of Covid-19 Liability Waivers
By: Caleb Saggus
Liability waivers are not new, but Covid-19 is. As we try to venture back to some form of normalcy, the effects of Covid-19 remains a topic of legal uncertainty. The private sector is playing a part in shaping the …
Holiday Office Parties: Serving Up Both Cheer … and Fear!
By: Melissa Whitehead
There is no doubt that the Holiday Season is in full swing – and that means workplace holiday parties! While these festive events are great for increasing workplace camaraderie and celebrating achievements of the year, they are …
Georgia Supreme Court Clarifies the Essential Elements of a Failure to Settle Claim within Policy Limits
By: Phil Savrin
In recent years, Georgia has become fertile ground for setting up insurance companies for extra-contractual damages based on the failure to settle a liability claim within policy limits. Partly, the reason for this reputation is that the …
A Series of Particular Events: Foreseeability and the First Circuit
By: Thomas Hay
A three-judge panel on the First Circuit denied Omni Hotel’s petition for review of their decision to overturn a lower court ruling that awarded summary judgment to Omni and reinstated a negligence charge filed by a man …
School Shootings: Is There a Constitutional Duty to Protect Students?
By: Jake Daly
Sadly, our nation’s schools are not free from shootings and other violent crimes. When such crimes occur on private property, the laws of many states provide the victims a remedy (money damages) against the owner of the …
Who’s Liable for Letting the Dogs Out?
By: Wes Jackson
“Cry ‘Havoc!,’ and let slip the dogs of war.”
William Shakespeare, Julius Caesar act 3, sc. 1.
Havoc indeed—in a case argued before the Georgia Supreme Court on October 10, two pit bulls slipped out of …
YMCA Owes No Duty To Provide Or Use AEDs When Renting Field To Private Soccer Club
By: Carlos Martinez-Garcia
California’s Fourth District Court of Appeal recently affirmed the trial Court’s order granting summary judgment in favor of the YMCA, disposing of a wrongful death lawsuit involving a patron who died of a heart attack on their …
An Examination of the Interpretation of Free Recreation
By: Kevin Stone
In Georgia, if property is open free of charge for recreational purposes, the landowner is normally immune from liability for injuries occurring on the property. A court can decide this as a matter of law without sending …
Following in the Footsteps of Lebron James? Ohio Parts Ways with the Restatement of Liability Insurance
By: Matthew Weiss
Last week Ohio Governor John Kasich signed into law legislation that rejected the American Law Institute’s (ALI) Restatement of the Law of Liability Insurance, claiming that it “does not constitute the public policy of Ohio.” According to …
Is Georgia Game for Growing Bad Faith Liability?
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Driverless Motor Vehicle Lawsuit – The First of its Kind
By: Courtney K. Mazzio
General Motors is the first manufacturer to be hit with a driverless motor vehicle lawsuit. On December 7, motorcycle driver, Oscar Nilsson, alleges he was attempting to pass a self-automated Chevy Bolt on the right. The …