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Jake Evans

Jake Evans

August 03, 2015 | Daily Report Online

Did Court Provide Clarity or Confusion on Spoliation?

In Georgia, spoliation refers to the destruction or failure to preserve evidence that is relevant to contemplated or pending litigation. A finding of spoliation gives rise to a rebuttable presumption that the subject evidence was harmful to the spoliator. For a party to pursue this remedy, the evidence must be "necessary" to the litigation and the spoliating party must have possessed a duty to preserve the evidence.

By Jake Evans | Special to the Daily Report

4 minute read

June 08, 2015 | Daily Report Online

Georgia's Paradox: Seat Belts Required, but Nonuse Is Not Admissible at Trial

Federal law requires automotive manufacturers to equip passenger cars with seat belts. Forty-nine states, including Georgia, have laws requiring motorists to wear seat belts. And it is almost universally agreed that seat belts save lives and prevent injuries.

By Jake Evans

4 minute read

June 08, 2015 | Daily Report Online

Georgia's Paradox: Seat Belts Required, but Nonuse Is Not Admissible at Trial

Federal law requires automotive manufacturers to equip passenger cars with seat belts. Forty-nine states, including Georgia, have laws requiring motorists to wear seat belts. And it is almost universally agreed that seat belts save lives and prevent injuries.

By Jake Evans

4 minute read

February 16, 2015 | Daily Report Online

The Uncertain Nature of Social Media Discoverability

The seemingly ubiquitous prevalence of social media has resulted in a lag between the existing law, particularly in Georgia, and practice.

By Jake Evans

4 minute read

February 15, 2015 | Daily Report Online

The Uncertain Nature of Social Media Discoverability

The seemingly ubiquitous prevalence of social media has resulted in a lag between the existing law, particularly in Georgia, and practice.

By Jake Evans

4 minute read

September 29, 2014 | Daily Report Online

Holt Demands: An Advancement But Not a Full Solution

Plaintiffs frequently avail themselves of what has been labeled "Holt demands," as was established in S. General Ins. Co. v. Holt, 262 Ga. 267 (1992).

By Jake Evans

4 minute read