Today the Supreme Court of Georgia granted certiorari on a potentially important question: Does the language “all damages allowed by law” in OCGA § 51-7-83(a) authorize an award of punitive damages in a statutory claim for abusive litigation? Section 51-7-83 permits a plaintiff to obtain all damages allowed by law
Georgia law requires that attorneys support professional negligence claims with an expert affidavit. O.C.G.A. § 9-11-9.1 Can defendants challenge that affidavit on Daubert grounds? (Codified in Georgia as O.C.G.A. § 24-7-702). If so, does Rule 702 apply in the usual manner? At least nominally, Rule 702 does apply. O.C.G.A. § 24-7-702(e) provides that “An affiant shall meet
MARCH 26, 2019 Thank you to Common Cause and League of Women Voters for letting me help prepare them for argument in Rucho v. Common Cause, challenging the constitutionality of overtly partisan gerrymandering. Emmett Bonderant and Allison Riggs were both excellent at argument. Some good coverage of the argument is available
Is It Legal to Boot Cars in Georgia? Ever have your car booted under shady circumstances and think “how can that possibly be legal?” Well, the answer is: it isn’t. Bravo to Matt Wetherington and Kevin Patrick for their recent court victory proving this is so. Perhaps nothing better showcases both creativity and brilliance
ARE FORUM SELECTION CLAUSES AND CLASS ACTION WAIVERS ENFORCEABLE IN GEORGIA? MARCH 21, 2019 Kurt Kastorf appeared before the Eleventh Circuit to defend a district court decision on the scope of Georgia’s Payday Lending Act. The district court held that both a forum selection clause and a class action waiver
Important Update On January 23, 2020, the United States District Court for the District of Columbia issued an opinion vacating the “third-party directive” of the individual right of access under HITECH. This decision places in doubt the ability of attorneys to use HITECH to obtain electronic medical records at a
