California Lawyers Who Ignore Lienholders Do So At Their (Disciplinary) Peril
10/20/20
By: Greg Fayard
In personal injury law, California lawyers regularly must deal with medical liens. For example, lienholders have certain rights to proceeds from a settled case and expect to be paid. In the past, if a California lawyer ignored …
998s: The Stealth Policy Limit Demand
2/7/19
By: Tim Kenna & Kristin Ingulsrud
In personal injury practice, the claimant’s attorney will sometimes serve a statutory offer to compromise in tandem with service of the summons and complaint. This strategy has a two-fold impact on the case. The …
Yelp Can’t Be Ordered to Remove Defamatory Reviews by A California Lawyer’s Unhappy Former Clients
12/3/18
By: Frank Olah
On July 2, 2018, in Hassell v. Bird (2018) 5 Cal.5th 522, the California Supreme Court held that Section 230 of the Communications Decency Act of 1996 prohibits courts from ordering Yelp to remove defamatory consumer reviews …
9/14/18
By: Seth Kirby
For the legal professional, careful and appropriate selection of insurance is an essential component of practice management. When faced with potential liability for an alleged mistake, attorneys should want the safety and security of relying upon their …
Insuring Against Rule 68 Offers of Settlement
6/28/18
By: Matt Grattan
One tool defense lawyers in Georgia frequently use to induce settlements is an offer of settlement under O.C.G.A. 9-11-68. Rule 68 allows either party to a tort action to serve a written offer to settle the claim, …
Independent Contractor vs Employee Status in the Gig Economy
5/31/18
By: Daniel Walsh
As recently noted by FMG’s Connor Bateman, Courts across the country are now reexamining coverage issues stemming from auto insurance policies held by drivers working with Transportation Network Companies (“TNCs”) such as Lyft and Uber.
In …
Court of Appeals Breathes New Life into Joint and Several Liability in Georgia
4/4/13
By: Phil Savrin
For many years, the rule in Georgia was that tortfeasors could be liable jointly and severally for bodily injury or death, without apportionment unless the plaintiff was found to be some part at fault. If a plaintiff …
Stranger Danger: Georgia Joins Minority View and Allows Assignability of Legal Malpractice Claims
4/2/13
By: Dana Maine
Legal malpractice carriers be aware that you will now be on the hook for defending your insureds in actions brought by strangers to any attorney-client relationship. The Georgia Supreme Court just answered the question on the minds …