Georgia Business Litigation

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When is the fine print too fine?

There is an old maxim that, “What big print giveth the fine print taketh away.” In a case involving a used car sale, our Georgia Supreme Court this week said, “not so fast.”
To make out a claim at common law for fraud, a plaintiff must show not only that he relied upon some misrepresentation, but … Continue Reading

A trap door in Georgia renewal actions for uninsured motorist insurance coverage

Georgia law allows a plaintiff in a civil lawsuit one chance to dismiss without prejudice and refile. The renewal statute, OCGA § 9–2–61, allows a plaintiff who voluntarily dismisses a timely filed suit to file suit within six months, regardless of whether the statute of limitations has run.
However, a case decided by the Georgia Court … Continue Reading

The learning curve of a bar president

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general … Continue Reading

Trial preparation – video recording of depositions

My law practice is focused on commercial trucking accidents, personal injury and wrongful death cases for plaintiffs. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial … Continue Reading

Trial preparation – propose stipulation that attorneys can issue deposition subpoenas

My law practice is focused on personal injury, wrongful death and commercial trucking law practice. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 … Continue Reading

Trial preparation – draft jury instructions early

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of … Continue Reading

Trial Preparation – Begin with the end in view.

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of Torts seminar at Mercer … Continue Reading

Struggling with rules on when public defenders can represent co-defendants

As president of the State Bar of Georgia, I have occasion to work on a number of issues and controversies beyond the scope of my own personal injury, wrongful death and commercial trucking accident trial practice.  The following is excerpted from an article by Kathleen Joyner in the Fulton County Daily Report on September 23, … Continue Reading

Georgia legislators’ proposal to tax legal services may have unintended consequences

The proposed tax on legal services in Georgia would have unintended adverse consequences on the justice system and the delivery of legal services.
Continue reading…

“Super Lawyer” listing still OK in Georgia

Last month there was a news story about the New Jersey Committee on Attorney Advertising, a panel appointed by the Supreme Court of New Jersey ruling that attorney advertisements that tout listings such as the "Super Lawyers" listings violate professional responsibility rules against ads that compare lawyers’ services or create an "unjustified expectation about results."  … Continue Reading