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Georgia’s new “tort reform” legislation – an overview
In coming days, Georgia Governor Brian Kemp will sign Senate Bill 68, a sweeping revision to numerous provisions of the Georgia Civil Practice Act and tort laws that will change the landscape of litigation in Georgia. While the focus of the bill is so-called “tort reform,” the legal changes will affect civil cases of all…
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Georgia Supreme Court addresses witness requirements for criminal accomplices
Georgia evidence law states that “[t]he testimony of a single witness is generally sufficient to establish a fact.” This rule is contained in Title 24, Chapter 14 of the Georgia Evidence Code (OCGA § 24-14-8). This applies to all civil cases (personal injury/wrongful death cases, contract claims, domestic cases, etc.) and misdemeanor criminal cases. But…
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Georgia Supreme Court Amicus Curiae Brief on Defendants’ Bad Faith
Yesterday, John Hadden and Kevin Ketner submitted a brief to the Georgia Supreme Court on behalf of the Georgia Trial Lawyers Association. The issue involved whether a defendant’s traffic violations could serve as a basis for an award of attorneys’ fees. The case is Love v. McKnight, Georgia Supreme Court Case No. S24G0371. Under Georgia…
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Making the right evidence argument at trial
In connection with my annual updates to Georgia Law of Evidence, I read hundreds of cases (at least) every year from the Georgia Court of Appeals and Supreme Court dealing with interpretations of the Georgia Evidence Code. Last night, I read one that caught my attention because the issue was seemingly simple, and a piece…