Atlanta Injury Law Blog

Events of the past week lead me to think it may be time for a basic overhaul of the FDA process for approval of drugs and medical devices and a uniform national system for pharmaceutical and medical device liability.  Recently we have seen an unsuccessful proposal to give civil immunity in Georgia for manufacturers of…

Yesterday, in the case of Wyeth v. Levine, the U. S. Supreme Court ruled 6-3 that a claim of failure to warn of hazards related to a drug were not precluded by FDA approval of the drug warnings.  Though my practice in Atlanta deals mostly with truck accident cases in Georgia, I spent a few…

There is an old saying that no one’s life or property is safe while the Georgia legislature is in session. As a trucking safety trial attorney in Atlanta, I have often reflected on the truth of that quip. This week, we have seen some remarkable developments under the Gold Dome, which have been surprisingly benign. There…

At the beginning of the current legislative session, the Governor announced plans for a “frivolous litigation” to require that any plaintiff who loses a motion to dismiss to pay the defendant’s attorney fee, and to have an automatic and indeterminate stay of discovery while a motion to dismiss is pending. As of yesterday, the bill…

Since it’s a tough budget year in which even I can’t advocate spending  money on a new web site, I’m working on ideas for a low-budget refreshing of the State Bar of Georgia web site. I would appreciate any suggestions for things we can do to make it more interesting, up to date, streamlined, easy…

Seldom if ever do I plug a book in my blog. But I just finished one on legal writing that I recommend to my colleagues. Making Your Case: The Art of Persuading Judges, by Supreme Court Justice Antonin Scalia and Bryan Garner, is an extremely practical guide for those of us who earn our keep through…

As a Georgia trial attorney handling serious injury and wrongful death cases, I have grown up with the understanding that tort law and insurance law are two peas in the same pod.  Fifteen years ago, in fact, I was chair of the Tort & Insurance Practice Section of the Georgia Bar. Since automobile insurance became widespread…

The Federal Motor Carrier Safety Administration determined that a 99% pass rate in safety audits of new motor carrier entrants might be missing something, since new entrants were still involved in a higher percentage of trucking accidents. The initial grant of authority to operate as an interstate motor carrier is provisional. For the first 18…

It is not uncommon for a carrier with a bad safety record to shut down one corporate entity and open a new company involving the same individuals. By changing corporate entities and getting a new DOT number the company could effectively hide the bad safety record. When an existing motor carrier seeks to register as…

NOTE TO TRUCK DRIVERS: Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see Truckers Justice Center.  Trucking companies…