Articles Posted in Civil Litigation

In the Amazing Firms, Amazing Practices blog, Gerry Riskin speculates that a new generation of suborbital commercial flight may lead to a breed of highly specialized global superlawyers who will go almost anywhere to bring unique skill and knowledge to bear on a legal problem. There is also an article in today’s New York Times…

From time to time we encounter problems in obtaining service of process on corporations based outside Georgia. In GMAC Mortgage Corp. v. Bongiorno, Case No. A06A0053, decided January 23, 2006, the Court of Appeals reasserted that service may be made not just on a registered agent, but on “the president or other officer of the…

All states allow a lawyer licensed in another state to be temporarily admitted to represent a client in a specific case, generally with the involvement of a local attorney in that state. The Latin term for this is admission “pro hac vice.” I had been admitted pro hac vice for cases in other states from…

The big law firms in Atlanta are raising the starting salary for new associates straight out of law school to $115,000. I have a lot of friends in those firms, and certainly enjoy the view from their regal offices when I visit. However, I have yet to see a first year associate who is worth…

Yesterday I had an oral argument in the U.S. Eleventh Circuit Court of Appeals. We had won summary judgment on a disability insurance case for a former dentist / real estate developer a year ago. My client was disabled due to a constellation of ailments all related to autoimmune disease and liver failure. The insurance…

Here is a “must read” paper on “best practices” in electronic discovery. A few key points to ponder: * “The recent Morgan Stanley case in which massive punitive damages were awarded ? at 1.5 times the actual damages sought?highlights a judicial and jury lack of tolerance for perceived refusal to produce electronic information promptly and…

Once again the Georgia Court of Appeals has demonstrated willingness to support a trial court’s imposition of extreme sanctions for discovery abuse. In Gropper v. STO Corp., the plaintiffs established a long pattern of failure to cooperate in discovery. The trial judge ultimately lost patience and dismissed the complaint. The Court of Appeals found no…

Plaintiff was entitled to a new trial on damages in his wrongful death action against the defendant doctor after his child was delivered stillborn, since the jury’s award of zero damages after returning a verdict in favor of the plaintiff and his wife was contrary to the law and inconsistent with the evidence. See Court…

Under O.C.G.A. § 9-15-14, trial courts must limit fee awards to those fees incurred because of sanctionable conduct. See court opinion below. The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state.…

And they call some tort cases frivolous!? In Caincare Inc. v. Ellison, decided 3/15/05 in the Georgia Court of Appeals, a contract for sale of a pharmacy provided liquidated damages if the buyer failed to cease all use of the old store name within six months. An employee programmed the old name in the header…