Articles Posted in Personal Injury

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This is my client, Jerrod Heath, who received the  GTLA 2025 Courageous Pursuit of Justice Award.  Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I was so proud to nominate my client, Jerrod Heath, for the GTLA 2025 Courageous Pursuit of Justice Award and so overjoyed when it was announced he had won! Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I had the distinct honor of being inducted into the International Academy of Trial Lawyers a couple of weeks ago at the Mid-Year Meeting in Vancouver, British Columbia. It was spectacular! There is no question that this is one of the biggest honors of my 38 year career (so far) of practicing law. But when I was introduced, only 3 minutes was permitted and, unfortunately, the things I am most proud of never got mentioned. So I wanted to share with you the things I am most proud of:

1. I obtained a Presidential Pardon from President Barack Obama for a client who had served in the  U.S. Army and was tried and convicted of being gay in the military, when it was illegal to serve in the military if you were gay. He served 2 1/2 years in Ft. Leavenworth Military Prison.  The conviction prevented my client from being able to obtain a mortgage, get a car loan, obtain employment, etc.  I worked pro bono for 6 years for him and finally received a full pardon on January 17, 2020, just three days before President Obama officially left office.
2. I opposed a ballot initiative to amend the Georgia Constitution to include: “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.” I represented St. Mark United Methodist Church, a predominantly gay congregation, in the litigation against the Governor of Georgia, O’Kelley v. Perdue, 2004CV93494, 2006 WL 1350171, at *1 (Ga. Super. May 16, 2006), rev’d, 280 Ga. 732, 632 S.E.2d 110 (2006).  The St. Mark Congregation adamantly opposed this discriminatory language. Our efforts were ultimately vindicated with Obergefell v. Hodges in 2015.

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Robin Frazer Clark Inducted as Fellow of International Academy of Trial Lawyers

Robin Frazer Clark was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting in Vancouver, British Columbia, July 23-27.

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When will the senseless deaths of innocent Georgians due to police chases stop? I found myself asking this question once again this morning when I heard the news of exactly that, i.e., another innocent Georgian killed last night due to a police chase of another driver. This time is was a completely innocent 19 year old young man out at 7:51 p.m., not late by anyone’s standards. It is just unbelievable.

The tragedy last night occurred at the intersection of Moreland Avenue and Euclid Avenue in Little Five Points, a neighborhood that is densely populated with bars, stores and apartments, that has a high amount of pedestrians walking on the sidewalks and that has very narrow streets that are usually bumper-to-bumper. I live very near this intersection and am very familiar with it. The last thing I could possibly imagine is for a police officer to choose to engage in a high-speed chase into this neighborhood. It was totally reckless. And the chase apparently began on I-20 and continued until the collision at this intersection, which is about 3 miles from I-20. This officer drove 3 miles into this heavily congested city neighborhood at high speeds chasing another vehicle for “speeding and erratic lane changes” and this decision by the police officer resulted in the death of a completely innocent teenager. Help it make sense!

The driver of the vehicle being chased by police is now facing several charges, including murder, first-degree vehicular homicide, reckless driving, possession of a schedule 1 narcotic, felony fleeing among other things. But what charges is the police officer facing?  The person who made that horrible, deadly decision to chase her at high speeds through a densely populated City of Atlanta neighborhood ?  Any?

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Last week, my boss–my mom–Robin Frazer Clark was invited to speak on a panel of highly esteemed women at the Georgia Association for Women Lawyers’ annual CLE entitled “The Leader Within.”  She was joined on the panel by Linda Klein, the first woman President of the State Bar of Georgia; Meka Ward, Assistant General Counsel for the Home Depot; Judge Ana Maria Martinez, Georgia’s First Latina State Court Judge; and Zahra Karinshak, a veteran and former Georgia Senator.  The incredible women who shared the stage all come from different backgrounds, have achieved unbelievable success in various practice areas, and have overcome consistent adversity as women in the legal field, often holding the title of “First Female ___” in many spaces they occupy within this male-dominated field.  To be sure, the gender disparity is shrinking by the year—the latest numbers from the American Bar Association tell us that the gap is narrowing, with the percentage of female lawyers growing from 36% in 2014 to 41% in 2024.  I know that, at some point in my legal career, I will likely encounter adversity as a woman in the legal field that resembles the challenges that the panelists once faced.  But I also know that, because of the fearlessness of the female leaders who have come before me, I will have far fewer barriers to overcome than they did.

I’ve had the privilege of hearing my mom’s sage advice on panels, speaking to a group of lawyers, or even just at the dinner table for 27 years.  What I’ve now realized, however, is that the advice hits a little differently once you start following in those same footsteps she’s laid on the ground in front of you.  Hopefully other young attorneys (and experienced attorneys too!) can benefit from these nuggets of wisdom I picked up from these Queens of the Law.  Here are some of my takeaways from the incredible panel:

  • There are many ways to lead. The panelists offered a variety of answers to questions about what makes a “good leader,” but at the core of most of their answers were simple pieces of advice: be yourself and treat others the way you would want to be treated.  If you try to adopt a style of leadership that is not genuine to the person you are, your team will be able to sense that something seems off and may not have full confidence in the leadership or the overall mission.  Treating each other by the Golden Rule allows for a deeper sense of trust and understanding between the different levels of the hierarchy within the team (and is also probably just a good piece of life advice for how we should strive to treat others… this includes opposing counsel!!)

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Like you, I am fed up with the constant lawyer advertising on TV. It has gotten completely out of hand. The worst TV ads for lawyers are the ones that portray personal injury litigation as a “game.” One such ad even has a person who is presumably someone who has been injured and in need of a plaintiff’s personal injury lawyer playing a carnival rubber ducky game against the crooked carnival guy who is presumably the insurance carrier.  It depicts having a personal injury claim is like picking the right rubber ducky at the carnival. It is so wrong, so insulting and so demeaning. As is another Lawyer TV Advertiser who depicts the value of a personal injury game like asking for more sprinkles on ice cream, and simply by demand “more, more, more” and hiring this TV advertiser, you’ll get “more” in a personal injury settlement. So offensive and so outrageously wrong and naive. As a personal injury trial lawyer who has devoted my life to the Rule of Law and to obtaining Justice for loved ones who have been injured or killed, as a Past President of the State Bar of Georgia and as a Past President of the Georgia Trial Lawyers Association, I’m sick of it.

Personal injury litigation is NOT A GAME!

And trials are not rigged.

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Last week, Judge Marc Treadwell, United States District Court Judge for the Middle District of Georgia, held several officers of the Georgia Department of Corrections in contempt of court for failing to correct numerous violations of the Federal and Constitutional rights of Georgia inmates who are housed in solitary confinement in Georgia Prisons.  In his 100 page Order, Judge Treadwell threatened them with fines and ordered an independent monitor to ensure compliance with a settlement agreement for the Special Management Unit of the Georgia Diagnostic and Classification Prison in Jackson, about 50 miles south of Atlanta.  In its Order, the Court found that prison officials  falsified documents and said they routinely placed new arrivals at the facility in “strip cells,” where one inmate said he was not given clothes or a mattress and could not use the toilet because it was broken and filled with human waste.

A psychology professor and prison expert, Craig Haney, Ph.D., J.D.,  told the court back in 2018 he had toured maximum security prisons in roughly two dozen states, and Georgia’s SMU unit was “one of the harshest and most draconian” he had seen.  His report, submitted to the court in 2018 by lawyers for prisoners — included images of prisoners with self-inflicted cuts, blood on the floor of one cell and the window of another, and descriptions of “extraordinarily harsh” living conditions. His conclusion: “The prisoners at this facility face a substantial risk of serious harm, harm that may be long-lasting and even fatal.”  Southern Center for Human Rights attorney Sarah Geraghty, who represented the prisoners, said in a news release back in 2018 when the initial agreement was reached“A civilized society doesn’t lock people in isolation cells for years on end,” she said. “It was past time to move out of the dark ages.”

These solitary confinement cells at the heart of this Contempt Order measure 7 feet X 13.5 feet, and contain a toilet and mattress. Inmates housed in these solitary confinement cells receive their meals through a slit in a solid door that has a small window at the top. You may think the photograph at the top of this blog post is of one of these solitary confinement cells that have been ruled to be inhumane. But you would be wrong. That’s because this photograph is of a shower stall in Smith State Prison in Glennville, Georgia, where my client was held for nearly three days and where, ultimately he hanged himself, resulting in his death. The shower stall measures only 3.75 feet X 6.75 feet, which makes the Georgia solitary confinement cells practically Ritz Carlton luxury in comparison. Also, as you can see, there was certainly no mattress in the shower stall, nor toilet where my client could relieve himself for three days. No ventilation, no heat, no cup of water. Just imagine.  Housing an inmate in a shower violates Georgia Department of Corrections’ Standard Operating Procedures. So does falsifying cell counts so it looks as if an inmate is in his cell when he is actually physically being illegally detained in a shower stall.  https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.03-300x200.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.49-200x300.jpg https://www.atlantainjurylawyerblog.com/files/2024/04/2024-03-07-13.58.10-300x200.jpg

What is mifepristone, the abortion pill at center of US Supreme Court argument? | CNN
Today the United States Supreme Court is hearing oral arguments in Case No. 23-235 FOOD AND DRUG ADMINISTRATION V. ALLIANCE FOR HIPPOCRATIC MEDICINE,   a case in which certain physicians have sued the FDA alleging permitting the use of Mifepristone violates their rights. Much of the oral argument focuses on “standing,” i.e., whether these physicians even have the right to bring such a case against the FDA. I am listening right now live to the the SCOTUS oral arguments and even the super Conservative Justices seem extremely skeptical about standing.  Here are the questions presented before the Supreme Court today:

QUESTION PRESENTED:

This case concerns mifepristone, a drug that the U.S. Food and Drug Administration

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By now we have all heard of the Alabama Supreme Court decision holding that frozen embryos are “unborn children” under Alabama State Law. This was the holding in LePage v. Center for Reproductive Medicine, issued on February 16, 2024. Although much hay was made out of a concurring opinion that quoted the Bible extensively, the primary opinion was based squarely on Alabama State Law only, specifically the Alabama Wrongful Death of a Minor Act. You can read the full, actual opinion here. 

In LePage, three couples had their frozen embryos destroyed in an incident at a fertility clinic. The plaintiffs in the Alabama case had undergone IVF treatments that led to the creation of several embryos, some of which were implanted and resulted in healthy births. The couples paid to keep other embryos frozen in a storage facility at the Mobile Infirmary Medical Center. A patient in 2020 wandered into the area and removed several embryos, dropping them on the floor and “killing them.”

The justices ruled that wrongful death lawsuits by the couples could proceed. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.””Nothing about the [Wrongful Death] Act narrows that definition to unborn children who are physically “in utero.”

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