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…)Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.
Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.
In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care
In today’s world, medical malpractice is an unfortunate reality that many individuals may face.
When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.
However, medical errors can and do occur, sometimes leading to serious harm or even death.
In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.
This article will guide you through the process of protecting your rights when faced with medical malpractice.
Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.
However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.
In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.
In today’s fast-paced world, accidents can happen when you least expect them.
Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.
That’s where an Atlanta injury law firm comes into play.
In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.
Before delving into the
In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.
While medical professionals strive for excellence in their practice, errors can still occur.
In such cases, it is crucial for patients to understand their rights and options for seeking compensation.
This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical
In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.
These errors, though unintentional, can have serious consequences for patients and their families.
To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.
In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.
Medical errors are incidents in healthcare that
In the bustling city of Atlanta, accidents can happen at any moment.
Whether it’s a car collision, slip and fall incident, or workplace mishap, the consequences can be overwhelming.
This article serves as your comprehensive guide to understanding the role of an Atlanta accident lawyer and how they can provide the necessary legal support in times of crisis.
To comprehend the significance of an Atlanta accident lawyer, it’s crucial to delve into the realm of personal injury law.
This
In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.
While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.
In such challenging circumstances, the services of a skilled and experienced professional become indispensable
In today’s consumer-driven world, we rely on various products for our daily needs.
From electronics to household appliances, automobiles to toys, we trust that these products are safe for use.
However, sometimes, products can malfunction or pose unexpected dangers, leading to injuries or damages.
In such cases, a product liability claim becomes crucial to protect your rights as a consumer.
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused
When life takes an unexpected turn and an accident leaves you injured, it’s essential to understand your rights and options.
In the state of Georgia, personal injury cases are subject to specific laws and regulations.
Whether you’ve been in a car accident, suffered a slip and fall, or experienced any other form of personal injury, having the right information is crucial for making informed decisions.
In this article, we’ll delve into the intricacies of personal injury cases in Georgia and the role of a
