Under state and federal RICO (Racketeer Influenced & Criminal Organizations), civil liability is based upon proof of criminal predicate acts, and provides for an award of treble damages for a person injured thereby. Georgia’s RICO statute defines the predicate as an “interrelated pattern of criminal activity motivated by or the effect of which is pecuniary…
Continue reading ›New Zealand citizens brought suit in Fulton County (Atlanta) for wrongful death of a family member in a plane crash in Australia. The defendants are a US manufacturer based in Kansas and a used aircraft dealer based in Georgia. The trial court dismissed the suit on the ground of forum non conveniens prior to enactment…
Continue reading ›A lawyer cannot effectively investigate and conduct discovery in a trucking accident case without basic understanding of current technology. When such advanced systems are utilized, electronic operation records are created which may be helpful to either the plaintiff or defense in the event of a crash. Counsel for both sides in truck wreck litigation must…
Continue reading ›Liability insurance is required for motor carriers in order to assure independent financial means to pay for injuries to members of the public arising out of trucking operations. Travelers Ins. Co. V. Transport Ins. Co., 787 F.2d 1133, 1139 (7th Cir. 1986). The minimum levels of liability insurance coverage required for interstate motor carriers depend…
Continue reading ›The Interstate Commerce Commission Termination Act of 1995 (ICCTA), while reducing the scope of regulation, creates a cause of action for “private enforcement of the Motor Carrier Act in court.” 49 U.S.C. §§ 101 et seq.; 49 U.S.C. § 14704; H. Rep. No. 104-222, at 221-22 (1995), reprinted in 1995-2 U.S.C.C.A.N. 850, 906-07. A private…
Continue reading ›Trucking is essential to the national economy. Virtually every product sold is transported by truck. Truck drivers, overworked and underpaid, are the heroes of country music ballads. Popular culture holds them up as rough-hewn “knights of the road,” and many are. But trucking is also a major highway safety hazard. As a hub of transportation…
Continue reading ›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…
Continue reading ›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.…
Continue reading ›Psychological records from therapy sessions prepared in the course of treatment are still privileged. See Supreme 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. Ken Shigley was…
Continue reading ›Georgia law does not allow the unrepresented estate statute, O.C.G.A. § 9-3-92 to toll the ultimate statute of repose in medical malpractice actions by the period during which the estate is unrepresented. See Georgia Supreme Court opinion below. The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and…
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