Finch McCranie, LLP

Riding Mower Defects Endanger Children

Each spring and summer our attorneys see an increasing number of injuries to children caused by lawnmowers. An estimated 9,400 children are injured each year. Many of the accidents result in amputations of legs, hands, fingers, feet, and toes. Experts say that the most serious accidents occur when operators back up rider mowers with the mower blades engaged and run over small children they can’t see.
According to the American Academy of Pediatrics, back over accidents alone account for 560 injuries to children each year.
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Nursing Negligence

In the not too distant past, our lawyers’ experience had been that medical malpractice encompassed almost exclusively the negligent wrongs of physicians. However, as nursing has evolved into a sophisticated, technical, and specialized profession, nurses regularly assume roles previously in the exclusive domain of physicians. These include examinations, diagnosis, post-surgical monitoring, and treatments of patients. Sometimes this is done without any direct supervision from physicians. The nurse’s expanded role in patient care, the continual development of specialized and sophisticated medical technology, and the heightened emphasis
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Heat Related Sports Deaths: A Preventable Tragedy

This is the time of year where it seems that everyone who rides in an automobiles passes a high school football practice. The sweltering sun and heat of this summer, which is particularly hot, is obviously a danger to those practicing. If those responsible for the players are not careful, deaths can ensue. Indeed, it has almost become commonplace every summer to read about the death of a high school or college football player due to extreme heat conditions.
Our firm, regrettably, has been involved
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Legal Status Of Injured Person Determines Duty Owed By Premises Owner

In Georgia, owners and occupiers of land or buildings owe certain duties to those who come on the premises. The duties vary according to the relationship between the owner and the person coming onto the premises. The mere fact that one owns or occupies land or a building does not make one liable for injuries sustained by persons who have entered onto the land or the premises. It is a commonly accepted in Georgia law that the owner of a building or land is not
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Dangerous Toys Recalled

Toy maker Mattel, Inc. issued recalls yesterday for about 9 million Chinese made toys that could be potentially dangerous for children. The recalls were negotiated by the Consumer Products Safety Commission. The majority of the toys subject to the recall contain magnets that can be swallowed by children and the rest have lead paint. The recall includes play sets, including the Polly Pocket dolls and Batman action figures as well as almost a quarter of a million die cast cars that contains lead paint.
This
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Cell Phone Battery Danger Warning

Nokia Corp. warned Tuesday that up to 46 million batteries used in some of its cell phones could pose a serious risk of overheating. The batteries subject to the warning were manufactured by Matsushita from December 2005 to November 2006. Matsushita Battery Industrial Co. Ltd. of Japan is one of several suppliers that have together made some 300 million BL-5C batteries.
Nokia is the world’s largest mobile phone maker. The lithium-ion battery is one of 14 different types of battery used in Nokia phones.
Nokia
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Health Court Bills In Congress

Legislation is being considered in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as “health courts.” This legislation is being strongly supported the medical and insurance lobby. The legislation is based on systems in Scandinavia and New Zealand. The state of Florida also has an existing administrative procedure for dealing with birth-related neurological injuries.
The legislation, if passed in its current form, would eliminate jury trials in medical negligence cases. The standard by which the actions
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Criminal Charges In Big Dig Tunnel Collapse

Powers Fasteners Inc., the company that provided the epoxy adhesive blamed in the fatal Boston Big Dig tunnel collapse was indicted this week in the death of a woman killed on July 10, 2006, when tons of falling concrete crushed her automobile. Milena Del Valle, 39, was killed when as she and her husband drove through the Big Dig tunnel. Her husband escaped with only minor injuries.
An investigation by the National Transportation Safety Board concluded the collapse could have been avoided if designers and
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Mediation of Tort Claims

Our lawyers have successfully represented many clients at mediations, covering a wide range of actions such as truck accidents, medical malpractice, auto collisions, and premises liability. Our experiences have led us to conclude that, under the right circumstances, mediation can be of great benefit to plaintiffs. It generally allows the matter to be concluded long before a trial can be scheduled, removes the risks associated with the trial of some cases, and allows the client to control the result, as opposed to a jury, judge,
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Sovereign Immunity Precludes Many Valid Lawsuits

Many state, county, and local governments are protected from lawsuits even though their employees may have been extremely negligent in causing severe injuries to innocent citizens. In most instances, the doctrine of sovereign immunity precludes a lawsuit against these entities, unless the governing body, such as the legislature, has waived the protection of sovereign immunity. Even when there has been a waiver, it is generally restricted to a maximun amount of recovery.
For example, in a ruling involving last summers deadly Comair plane crash at
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When a Privileged Conversation Isn’t: The Crime-Fraud Exception to Attorney-Client Privilege

a binder of files chained with a padlock

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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“Extra Icing on a Cake Already Frosted”: The Supreme Court’s Continuing Concern with Overcriminalization

Extra Icing on a Cake Already Frosted

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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Punitive Damages in Atlanta, Georgia Wrongful Death Cases

Punitive DamagesAs 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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What damages are available in an Atlanta, GA wrongful death case?

Punitive Damages LawyerThis 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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Predictions For Future PPP Fraud Prosecution By DOJ

PPP Fraud Prosecution

[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.]

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What is the “trial penalty” in federal criminal cases and does it mean I shouldn’t take my case to trial?

trial penalty

Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial.  And yet, because of the trial penalty, that happens all too often.[1]

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Trucking Accidents and Commercial Vehicle Accidents in Georgia

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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The Right to Confrontation in an Era of Videoconferences

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]

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Georgia Medical Malpractice Cases in the Time of COVID-19

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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DOJ’s Focus on PPP Fraud and Some Investigative Considerations in Evaluating a Client’s Exposure to Prosecution

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]

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