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September 4, 2019

          The Georgia Court of Appeals recently evaluated the trial court’s authority to apportion between two claims pursuant to a “High-Low” settlement agreement when the agreement is silent on the issue. A high-low agreement is a settlement agreement which sets a fixed range for payment such that the defendant agrees to pay the plaintiff a minimum recovery and plaintiff agrees to accept a maximum amount based on the possible outcomes at trial.  This issue wa...

July 31, 2019

            Stofer’s family sued after she suffered fatal injuries while attending a free concert which Mercer University hosted at a public park.  Mercer University v. Stofer, S18G1022 (6/24/2019).  The Recreational Property Act (“the Act”) shields from liability a property owner “who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes[.]” OCGA § 51-3-23.  The parties had diffe...

June 10, 2019

            Recent Georgia cases have more broadly interpreted the time/tolling for filing wrongful death claims.  Below is a summary of recent developments regarding the tolling of such claims and the impact on litigation/statutes of limitation. 

            Claims arising from a wrongful death can be broken down into two separate actions.  The decedent’s estate could make a wrongful death claim for the decedent’s pain and suffering.  Pursua...

May 7, 2019

            The Georgia Court of Appeals recently reversed the grant of summary judgment to a defendant on the issue of bad faith attorney’s fees.  Nash v. Reed, A18A1707, 2019 WL 1123530 (Ga. Ct. App. Mar. 12, 2019).  In so doing, the court determined that “[b]ad faith under OCGA § 13-6-11 must have arisen out of how the defendant acted in dealing with the plaintiff.”

            In Nash, the plai...

April 15, 2019

            In a race and sex discrimination matter appealed from the Northern District of Georgia, the Eleventh Circuit, sitting en banc, decided to clarify the test for determining whether an individual is a comparator for purposes of establishing a prima facie case of discrimination under McDonnell Douglas.  Lewis v. City of Union City, Georgia, et al., 15-11362 (11th Cir. March 21, 2019).  In so doing, the Eleventh Circuit recognized the conf...

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