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September 14, 2012 |

Jury delivers mixed verdict in fight over dream home

A couple who claimed their $2 million dream home turned into an uninhabitable money pit received nearly $200,000 worth of relief from a Fulton County Superior Court jury last month.
7 minute read
July 19, 2011 |

Failed real estate deals driving malpractice claims

Professional liability suits have become the next big thing in the litigation fallout from the commercial real estate bust.Real estate law has always been one of the top practice areas for malpractice claims against lawyers, second only to personal injury, according to an American Bar Association study of professional liability claims against lawyers.
8 minute read
April 30, 2009 |

Plaintiff seeks to toss expert criticism

A man who claimed the negligence of two doctors caused his wife's brain damage and death has asked a Cobb County judge to grant a new trial in a medical malpractice case that could be worth more than $2 million.The plaintiff's attorneys, David L. Turner and Kevin L. Ward of Schulten Ward Turner, say that Cobb County State Court Judge Beverly M.
6 minute read
October 10, 2002 |

Memo Tests Limits of Work-Product Protection

Janet L. [email protected] Georgia Supreme Court case between an attorney and his former lawyer over possession of a memo could define the scope of the work-product privilege.The high court, which granted certiorari in the case on Oct. 3, already appears divided over the issues, one of which is whether a document that wasn't prepared in anticipation of litigation can get work-product privilege.
4 minute read
February 20, 2001 |

Georgia Judge Won't Push Lawyer to Reveal Candid Chat With Opposing Counsel

Nothing good would come from forcing a lawyer to reveal what opposing counsel said during a candid conversation about the merits of a frivolous litigation motion, a Fulton County, Ga., judge ruled. Compelling disclosure, the judge concluded, would mean that "lawyers will cease the practice of engaging in candid discussions with opposing counsel in an effort to resolve law suits short of trial."
5 minute read
May 04, 2012 |

Undisclosed settlement ends trial in fatal skylight accident

A premises liability suit in Cobb County Superior Court brought by the widow of an electrician who died after falling through an unprotected skylight on the roof of a building where he was working has settled for a confidential amount, according to attorneys on both sides.Plaintiff Erica Bright Quinn, represented by Adam Malone of Malone Law, had demanded $9 million from Ryder Truck Rental Inc.
4 minute read
May 04, 2012 |

Undisclosed sum settles case over fatal skylight accident

A premises liability suit in Cobb County Superior Court brought by the widow of an electrician who died after falling through an unprotected skylight on the roof of a building where he was working has settled for a confidential amount, according to attorneys on both sides.
4 minute read
February 27, 2008 |

Georgia's 'tort reform' law faces a frontal assault

After dealing with piecemeal challenges to Georgia's 2005 "tort reform" law, the Georgia Supreme Court may soon get a case that tests the whole package with a multi-pronged attack. Attorneys for a man claiming to have been rendered quadriplegic by mistakes made in a hospital emergency room argued recently in Superior Court that the entire law passed as Senate Bill 3 should be declared unconstitutional. Regardless of who wins, the other side is expected to appeal to the state Supreme Court.
6 minute read
September 05, 2006 |

In close calls, Hunstein leans to prosecution

Editor's Note: Nine weeks from today, Georgians will decide whether Presiding Justice Carol W. Hunstein should keep her seat on the Supreme Court of Georgia-or if J. Michael Wiggins, a former lawyer for the Departments of Justice and Homeland Security, should replace her. Today the Daily Report looks at Hunstein and her 14 years on the high court.
14 minute read
March 23, 2010 |

Ga. Supreme Court Kills Caps on Med-Mal Awards

By a 7-0 vote, Georgia's Supreme Court struck down the state's caps on pain and suffering damages in medical malpractice cases Monday. "The very existence of the caps, in any amount, is violative of the right to trial by jury," Chief Justice Carol Hunstein wrote in her opinion for the court. The ruling was the climax of legal fights over a 2005 tort reform package. The caps, which generally limit non-economic damages to $350,000 in a case against a single med-mal defendant, were the most controversial part of the reforms.
8 minute read

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