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…)In healthcare, trust between patients and medical professionals is paramount.
Patients place their well-being in the hands of doctors, nurses, and other healthcare providers, expecting to receive the highest level of care.
However, there are instances where medical malpractice can occur, leading to adverse consequences for patients.
This article aims to guide you on recognizing medical malpractice in your healthcare.
(more…)In a world where product-related lawsuits are rising, businesses must be well-prepared to protect themselves against potential liabilities.
Product liability insurance is a crucial aspect of risk management that every business should consider.
This article will delve into the details of product liability insurance, why it is essential for companies, and how to choose the proper coverage.
In healthcare, the importance of addressing medical malpractice cannot be understated.
This article delves into the intricacies of medical malpractice and the urgent need for healthcare reform.
We will explore the definition of medical malpractice, its impact on patients and healthcare costs, the current state of healthcare reform, and propose solutions to this ongoing issue.
Medical malpractice refers to the professional negligence of healthcare providers that harms patients.
This negligence can occur through acts of omission or commission.
Medical malpractice can be a daunting and emotionally charged experience, but understanding the claims process can help you navigate this complex terrain.
This article will guide you through the essential steps of pursuing a medical malpractice claim.
Medical malpractice refers to instances when healthcare professionals fail to meet the standard of care expected within their field, causing harm to a patient.
It includes a range of actions, such as misdiagnosis, surgical errors, medication mistakes, and more.
Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for producing and selling defective products or posing a consumer risk.
It is a critical aspect of consumer protection, ensuring that products are safe and reliable.
This article will delve into the anatomy of product liability, exploring its causes and consequences.
Medical professionals, including doctors, nurses, and other healthcare providers, are dedicated to saving lives and providing quality care to patients.
However, medical errors and malpractice cases can occur despite their best efforts.
Medical malpractice insurance is a crucial safeguard for healthcare professionals and organizations.
This article will delve into the intricacies of medical malpractice insurance, its importance, and what you need to know about it.
(more…)Professional malpractice, in any field, can be a distressing experience for those who have placed their trust and resources in the hands of professionals.
Like any major city, the need for competent and ethical professionals is crucial in Atlanta.
Unfortunately, there are instances where these professionals may fail in their duties, leading to a dire need for a professional malpractice attorney in Atlanta.
In today’s consumer-driven world, we rely on many products for our daily needs, from household appliances to automobiles.
While most products are designed and manufactured with the utmost care, there are instances where defects can lead to injuries.
This article will delve into product defect injuries, exploring the causes, consequences, and your rights as a consumer.
Product defect injuries occur when a consumer sustains harm due to a defect in a product they have purchased or used.
These injuries
Product liability class actions have become increasingly prevalent in today’s consumer-driven world.
These legal actions empower consumers to seek justice when a defective product has harmed them.
This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.
A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively
In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.
Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.
This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.
Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,
