I constantly hear, even from jurors, that we are a “litigious society,” that everyone sues over everything these days. Assuming this is true, who is to blame? Critics immediately place the blame at the feet of the injured plaintiffs who must bring the lawsuit for compensation for the injuries they…
It seems that the issue of forced arbitration clauses in contracts seems to be increasingly in the public conversation, given the debacle of Wells Fargo creating fake accounts by employees to achieve performance bonuses without their customers’s even knowing about it. Unbelievably, Wells Fargo is attempting to rely on forced…
Two fairly interesting court opinions were issued this week, one by a trial court judge in a bench trial, and the other from the Georgia Court of Appeals, both of which place a dollar value on the life of someone and both of which are, strikingly, very close to each…
Friends: I have to confess, I back slid recently and agreed to mediation of a client’s case. I had not agreed to a mediation of my clients’s cases in several years, primarily because of a sense that mediation generally was not successful and perhaps was even counterproductive, pushing the opposing parties even…
The news, even for the most jaded of us, was shocking: Wells Fargo employees had created thousands of fraudulent bank accounts in their own customers’ names, without their customers’ permission or knowledge, so that employees could receive bonuses for opening a certain number of new accounts. These unscrupulous employees would…
Does your own insurance company owe you a duty? The simple answer is “yes, of course.” But for any of you who read my blog, you know when dealing with an insurance company nothing is ever simple and you should never assume your own insurance carrier “is on your side.”…
Do you believe that “Like a good neighbor, State Farm is there?” I have previously presented plenty of evidence that the answer to that question of whether State Farm is like a good neighbor is a resounding “no.” If you recall, in my case Eells v. State Farm, State…
Two interesting but diametrically opposed cases came out last month dealing with deaths of prisoners in Georgia jails. One came out in favor of the prisoner who was killed. The other came out in favor of the police department. Why? I thought it would be interesting to take a look…
The tragic news from Disney World in Orlando, Florida this week of a toddler being carried away and killed by an alligator in a lagoon on Disney property has sent waves of terror in every parent whose child has ever waded into any water other than a swimming pool. My…
Many of you know that as President of the State Bar of Georgia I began a statewide effort to reduce suicides among attorneys, which was occurring at an alarming rate. I created the State Bar’s “How To Save a Life” program and we set about educating our members about the…