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Articles Posted in Trial

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No Such Thing as an Unbiased Expert

You Supreme Court nerds out there (and you know who you are) are probably aware of the fact that the United States Supreme Court  recently heard oral arguments in  McWilliams v. Dunn. At issue in the case is whether James McWilliams, an indigent defendant whose mental health was a significant…

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DeKalb County Jury Returns $3 Million Verdict Today Against DeKalb Medical Center

  Today, a DeKalb County jury returned a verdict against two nurses who are employees of DeKalb Medical Center in the amount of $3.012 Million.  The case is  Edwards v. Nicome, et al., 11A36121. filed in the DeKalb County State Court.  The case  centered around the May 2009 death of Shari…

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Snapchat: “Don’t Blame Us”

   This week in Georgia a Georgia State trial court ruled in favor of the social media application Snapchat in a personal injury case and granted Snapchat judgment as a matter of law based on immunity.  The case is Maynard v. Snapchat and is pending in the Spalding County State…

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The “Gotcha” Effort By Nursing Homes In Forcing Arbitration Instead of Jury Trials

It seems that the issue of forced arbitration clauses in contracts seems to be increasingly in the public conversation, given the debacle of Wells Fargo creating fake accounts by employees to achieve performance bonuses without their customers’s even knowing about it. Unbelievably, Wells Fargo is attempting to rely on forced…

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Can a Georgia County Sheriff Be Liable for Failure to Prevent the Suicide of an Inmate?

Can a County Police Officer be held liable for failing to prevent the suicide of an inmate under his custody?  That is the interesting question in the case below, which was argued before the Georgia Supreme Court this week. Below is the Court’s summary of the case. It gives you…

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A Police Officer Just Took My Cellphone: Can He Do That?

A police officer just took my cellphone:  Can he do that?  The answer is, as it is with all things legal, it depends. Cell phones seem to be in the news every day now. They have become such a part of the everyday fabric of the lives of the majority…

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Five Things You Should Know About Arbitration Clauses in Contracts

To trial lawyers, arbitration is a dirty word. We have fought tooth and nail against any forced arbitration clauses as they take away your Constitutional right to a trial by jury for any dispute. Have you signed an arbitration clause and didn’t even know it? Most likely, yes. I would…

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What is an Activist Judge? Should I Care?

What exactly is an “activist judge” and why should I care?  I often get this question at cocktail parties. In legal circles, the answer to the question “What is an activist judge” is usually answered “Any judge who rules against you.”  But the term is being heard frequently in the…

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Effort in Georgia To Eliminate Your Seventh Amendment Right to a Jury Trial

Did you know there is underway right now an effort in the Georgia Senate to eliminate your Seventh Amendment right to a jury trial in medical malpractice cases?  That’s right.  A bill has been introduced (again), SB 86, that seeks to eliminate jury trials in medical malpractice claims.  This bill…

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The Unintended Consequences of Apportionment: Part I

  What is apportionment?  How does it affect my case?  What does it mean?  Can I ever get justice in my case with it? These are typical questions I often get from my clients in personal injury cases.  The issue of apportionment comes up now in just about every case…

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