State Procedure
Category RSS FeedThe 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 – 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
New source for free legal research
It’s not Westlaw or Lexis, but there’s a new source of free legal research — the Public Library of Law. I wouldn’t rely on it for anything complicated, but it’s OK for a quick, free check of something relatively simple.
Court of Appeals restricts use of medical narratives at trial
The Court of Appeals last week restricted the use of medical narrative reports in injury cases, holding it was reversible error to admit a neurologist’s unedited notes from the patient’s medical visits. The notes did not comply with O.C.G.A. § 24-3-18’s requirements for medical narratives, because they contained unexplained medical terms and … Continue Reading
$2,345,940.17 verdict sets new high in Gordon County, GA
Fri., 3/9/07, Calhoun, GA.
In a scene reminiscent of the 1982 Paul Newman movie, "The Verdict," the jury after three hours of deliberation Thursday afternoon sent a note to the judge asking if they were limited by the amount the plaintiff asked for. In closing argument I had asked for a verdict of approximately … 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
Proposed new Georgia Rules of Evidence
One advantage of serving on the State Bar Board of Governors is early access to proposed rules changes. The latest is the proposed new Georgia Rules of Evidence, prepared over the past few years by the State Bar’s Evidence Study Committee. It is generally based on the Federal Rules of Evidence. Numerous other … Continue Reading
GA Supreme Court holds that RICO burden of proof is preponderance of evidence
Under state and federal RICO (Racketeer Influenced & Criminal Organizations), civil liability is based upon proof of criminal predicate acts, and provides for an award of treble damages for a person injured thereby. Georgia’s RICO statute defines the predicate as an “interrelated pattern of criminal activity motivated by or the effect of which … Continue Reading
Georgia Court of Appeals takes first look at 2004 forum non conveniens statute
New Zealand citizens brought suit in Fulton County (Atlanta) for wrongful death of a family member in a plane crash in Australia. The defendants are a US manufacturer based in Kansas and a used aircraft dealer based in Georgia. The trial court dismissed the suit on the ground of forum non conveniens prior … Continue Reading
Immigration status not discoverable in 9th Circuit
Abuse of injured immigrants is an old story. I once knew an insurance claims manager who was very proud of his tactics in dealing with Hispanic immigrants who had injury claims. First, he told them, “No English, no dinero.” Second, he would schedule meetings with claimants and get someone from INS to show … Continue Reading
