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 TrialFederal 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 TrialFederal 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 DiscoverabilityThe 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 DiscoverabilityThe 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 SolutionPlaintiffs 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
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