Does Premises Liability Law Apply to a Vehicle Accident on a Job Site?
Kurt Kastorf is happy to report a nice victory in the United States Court of Appeals for the Eleventh Circuit for Jeff Helms and his client, Michael Newcomb. Mr. Newcomb was picking up a delivery of corn at Spring Creek’s facility when one of its employers severely injured him with a forklift. The district court dismissed the […]
How Specific Must Evidence of Deliberate Indifference to Medical Need Be?
APRIL 3, 2019 Today the Eleventh Circuit published a useful opinion for civil rights attorneys. See Taylor v. Hughes, 11th Cir. Case No. 17-14772, available here. The case involved an individual who was found drunk in his vehicle. He insisted he had been in an accident. Some evidence reflected that he had physical injuries consistent with a […]
How Long Will It Take for the Court of Appeals of Georgia to Decide Your Case?
APRIL 1, 2019 You can calculate the maximum amount of time it will take the Court of Appeals to decide your case by applying the “two term rule.” Under the Georgia Constitution, the court must dispose of every case either during the term the court entered that case on the docket or at the next term. To calculate […]
Are Punitive Damages Available in Georgia for Abusive Litigation?
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 in several types of cases. […]
Is Partisan Gerrymandering Constitutional?
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 on Scotusblog, USA Today, and The New York […]
Are Forum Selection Clauses and Class Action Waivers Enforceable in Georgia?
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 were unenforceable in an action […]