ATLANTA,GA
DULUTH, GA
When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government?
This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny. “The extensiveness and complexity
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You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.”
That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which the Court reversed the Eleventh Circuit Court of Appeals in a prosecution arising under the Computer Fraud and Abuse Act (CFAA). After considering “the text, context, and structure” of the CFAA, the Court resolved the issue in dispute—i.e., the cake was “frosted.” But the Court then added “extra icing” and emphasized—again—its profound concerns with federal prosecutors using broad federal criminal laws to target ordinary, seemingly innocent conduct.[1]
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As mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985).
Like with the wrongful death claim itself, punitive damages were not allowed under common law.
They are statutory in nature, and consequently, they are strictly construed.
The relevant statute
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This is Part I of a discussion concerning what damages are available in Georgia wrongful death cases. Part II will be published next week.
Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of the decedent” without deducting for any of the necessary or personal expenses of the decedent had he or she lived;
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[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021. The article concerns PPP fraud and enforcement. Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions. If you are contacted by a law enforcement or regulatory authority regarding a PPP loan or other business transaction, do not hesitate to contact our capable team.]
(more…)Georgia trucking accidents and commercial vehicle accidents are significantly different than typical motor vehicle collisions that involve two individuals driving privately in vehicles and are not working on behalf of their employer at the time of the wreck. The primary reason for this is that tractor-trailers and other commercial vehicles are governed by the Federal Motor Carrier Safety Regulations, which have also been adopted by the State of Georgia. A “commercial vehicle” is defined as any vehicle used on the highway or interstate
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Videoconferencing has skyrocketed in popularity because of the pandemic. Just check Zoom’s stock. Seemingly overnight, what used to be an irregular method of business communication has become commonplace.
Courts have embraced the craze, frequently holding hearings and other meetings by video. But there are limits to what a court can permissibly accomplish by video. While some observers have suggested videoconferencing is a potential solution to the problem of requiring live, in-person testimony during a pandemic spread by airborne particles, the Supreme Court of Michigan held in a recent criminal appeal that “two-way, interactive video testimony violated the defendant’s Confrontation Clause rights.”[1]
(more…)Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances. See Boling v. Foster, 254 Ga. App. 374 (2002). The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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In the early days of the Coronavirus pandemic, Congress passed relief legislation authorizing unprecedented federal aid to states, businesses, and individuals. In short order, a torrent of federal spending flowed. While those days may seem long gone as initial relief dollars have dried up and Congress is now debating additional relief programs, the Department of Justice (“DOJ”) remains focused on investigating and prosecuting fraud schemes arising from relief programs rolled out at the beginning of the pandemic.[1]
(more…)Man’s best friend can turn into a legal headache when a dog bite occurs. Understanding the potential legal liabilities surrounding dog bites is essential for both dog owners and those who find themselves on the receiving end. In this crash course, we delve into the intricacies of dog bite laws and the responsibilities that come with canine companionship.
In many jurisdictions, dog owners are held strictly liable for injuries caused by their pets. This means
that regardless of the dog’s previous behavior or the owner’s knowledge of aggressiveness, they may be held responsible for damages resulting from a bite. This strict liability extends to public places, private property, and even the dog owner’s home.
Subrogation is a complicated concept, likely unfamiliar until you find yourself entangled in a lawsuit. In the realm of personal injury cases, it empowers insurance providers to step into the injured party’s shoes, posing critical questions about medical expenses and responsibility.
Imagine being in a car accident through no fault of your own, resulting in medical treatments covered by your health insurance. If you decide to sue the at-fault driver, the crux becomes whether their insurance should reimburse your
To start, let’s define what a demand is. Demands come in many forms, but when it comes to personal injury, a market is a written formal request for payment to settle an outstanding claim or legal matter. More simply, it is an offer stating the amount of money it would take for your client to pay all claims and dismiss or refrain from filing a lawsuit against the party that caused harm. Accordingly, it must be presented well.
Writing a demand is an
For over 50 years, Finch McCranie L.L.P. has been a stalwart advocate for families in Atlanta and across Georgia, handling numerous wrongful death lawsuits. In the unfortunate event of a person’s demise due to negligence, understanding the intricacies of wrongful death claims becomes paramount. This comprehensive guide sheds light on critical aspects, from entitled parties to the bifurcation of claims.
Wrongful death claims in Georgia typically encompass two distinct categories:
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This post will deal with the tolling of claims due to death and up until the appointment of an administrator.
Remember, a wrongful death action consists of two categories of claims:
those that belong to the decedent’s survivors and consists of the “full value of the life of the decedent,” and those that belong to the estate and include medical expenses incurred prior to death, funeral and burial expenses, conscious pain and suffering prior
If you’re in the healthcare profession, understanding the cost of medical malpractice insurance is crucial.
Medical malpractice insurance provides coverage for healthcare professionals in the event of claims arising from alleged negligence or mistakes in their practice.
The price of this insurance can vary depending on many factors, including the location, specialty, and healthcare provider’s experience.
Let’s delve into the details and shed light on the average cost, factors influencing pricing, different pricing options, and tips for obtaining affordable medical malpractice insurance.
Pursuing justice in medical negligence cases in Atlanta requires a skilled legal ally.
Finding the right attorney is crucial when you or a loved one has experienced harm due to medical malpractice.
A Medical Negligence Attorney in Atlanta can be the key to navigating the complex legal terrain and securing the compensation you deserve.
Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice.
These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care.
Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases.
Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.
Time is a pivotal factor in legal proceedings, especially when dealing with medical malpractice cases in Georgia.
These cases come with stringent limitations and exceptions, shaping the window of opportunity for seeking justice.
Understanding the intricacies of these limitations is crucial, as they significantly impact the ability to pursue a case successfully.
Product liability refers to the legal responsibility of manufacturers and sellers for injuries and damages caused by their products.
Traditionally, product liability cases focused on defective products or inadequate warnings.
However, several new developments are influencing the future of product liability.
Digitalization and IoT
The Internet of Things (IoT) revolutionizes how products operate and interact with users.
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