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Statute of limitation tolled for crime in tort suit against other parties even if criminal never prosecuted

Stopping the clock in Georgia.  In 1964, Rep. Denmark Groover (D-Macon) hung over the gallery rail to stop the clock from reaching midnight on the last day of the legislative session. (AJC file photo by Joe McTyre)
When an injury or death claim arises from a crime, in Georgia the clock stops on the statute of … Continue Reading

Books for trial lawyers: Chancellorsville 1863

Some of the best books for trial lawyers are not about lawyering at all. Over the next few months I will explore some of them in this blog.
Jim Butler is arguably the most successful plaintiffs’ trial lawyer in my generation. He has won numerous eight and nine figure jury verdicts even in the most conservative … Continue Reading

Puzzling stall of federal judgeship nomination in Georgia

U.S. Courthouse, Atlanta
Dax Lopez is a judge of the State Court of DeKalb County, nominated by lame-duck President Obama to fill a vacant seat  on the U.S. District court in Atlanta, as an apparent bipartisan compromise to fill the seat with Republican approval.  Surprisingly for an Obama nominee, Judge Lopez is a conservative Republican, a longtime … Continue Reading

How you can be hurt if your medical ID is stolen

Every few weeks or months, we see news stories about breach of data security in medical centers or health insurance companies. Most people hearing that probably just shrug, figuring it’s not as bad as breach of credit card or other financial data. Earlier this year, for example, Blue Cross Blue Shield of Georgia revealed that as … Continue Reading

GA injury and death cases after same sex marriage ruling

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This week, the United States Supreme Court struck down all state laws barring same-sex marriage in the case of Obergefell v. Hodges.  However one may view the decision, it is a reality that will ripple through the legal system. We focus on Georgia personal injury and wrongful death law, so here are … Continue Reading

What are the time limits on injury and death claims in Georgia?

If you snooze you lose. It is a harsh reality that people who are unaware of the time limits to file suit for a loss may lose all their rights to compensation forever.
Recently, I met with a highly intelligent, well-educated person who completely misunderstood the limitation period. This person thought that the two year statute … Continue Reading

Georgia Jury Verdicts on a Roll in 2015

As past president of the State Bar of Georgia and a seasoned trial lawyer, I’m impressed by the recent string of jury verdicts in Georgia, two of which exceed $70 million. Several of these were won by lawyers who, like me, have attended Gerry Spence Trial Lawyers College programs and closed door, members-only seminars of … Continue Reading

Airbag Defect Leads to Massive Recall

At least once a month for years, we have gotten calls from someone complaining about malfunction of an airbag in a motor vehicle collision. Usually it is a matter of an airbag not deploying in a situation in which it was never designed to deploy.
Most front airbags are designed to deploy in a direct frontal … Continue Reading

Autumn Stirs Sweet Memories

As our mornings turn cooler and trees change from green to yellow and orange, memories of the sights, smells and pleasures of autumns past come flooding back.

Memories of sights, colors and smells can stir our emotions and a deep, instinctive level.
When I see trees changing colors and the first frost on a meadow, I go … Continue Reading

The Importance of Creativity

Most folks think of creativity in terms of art and music. But creativity is important to breaking new ground in any field.
Ancient people viewed creativity solely as divine inspiration. That is still as important as ever. But by modern times creativity was viewed as a form of human intelligence that bridges the gap between routine … Continue Reading