Can you obtain punitive damages in an abusive litigation case?

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Punitive damages are available for abusive litigation claims in Georgia. The Supreme Court of Georgia recently upended several decades of precedent in holding that litigants can seek punitive damages for a statutory abusive litigation claim. Read the ruling here. Call Kastorf Law if you have questions about how to interpret this opinion. The trial court rules […]

Does Premises Liability Law Apply to a Vehicle Accident on a Job Site?

Kastorf Law helped secure a reversal on appeal in a case involving a forklift injury on a jobsite.

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 […]

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary

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What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary A useful practice pointer from Scott Campbell this morning at the Fried Rogers Goldberg Workshop: When the defense has a credible medical expert offer an opinion in a deposition that a procedure was unnecessary, one strategy is to push that expert on whether recommending the procedure […]

Do a Small Number of Physicians Account for Most Medical Malpractice Claims?

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A study in the New England Journal of Medicine supports what most trial attorneys know intuitively. A substantial portion of malpractice claims are concentrated among a small number of physicians. This result is consistent with the fact that very few malpractice claims result in settlement, and even fewer go to trial. The majority of these claims are […]

How Specific Must Evidence of Deliberate Indifference to Medical Need Be?

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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 […]

Are Punitive Damages Available in Georgia for Abusive Litigation?

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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. […]