What exactly is an “activist judge” and why should I care? I often get this question at cocktail parties. In legal circles, the answer to the question “What is an activist judge” is usually answered “Any judge who rules against you.” But the term is being heard frequently in the…
Atlanta Injury Lawyer Blog
Effort in Georgia To Eliminate Your Seventh Amendment Right to a Jury Trial
Did you know there is underway right now an effort in the Georgia Senate to eliminate your Seventh Amendment right to a jury trial in medical malpractice cases? That’s right. A bill has been introduced (again), SB 86, that seeks to eliminate jury trials in medical malpractice claims. This bill…
The Unintended Consequences of Apportionment: Part I
What is apportionment? How does it affect my case? What does it mean? Can I ever get justice in my case with it? These are typical questions I often get from my clients in personal injury cases. The issue of apportionment comes up now in just about every case…
Jury Duty: The Heart of American Government
I recently had jury duty in DeKalb County, Georgia, where I have been a resident for 15 years. In 15 years, I have received a summons for jury duty two times. I have never served on an actual trial jury. This is the ironic curse of being a trial…
Can a Victim of Medical Malpractice Get Justice in Georgia?
I have been thinking a lot about “justice” lately. I have just finished a week long medical malpractice trial in DeKalb County in which I did not think justice was served for the family who lost their loved one (more on that in a minute) although I don’t criticize the…
One More Step Toward Justice: Georgia Appellate Ruling Ensures Jury Trial in Road Design Case
I have written before about my case against the Georgia Department of Transportation and the City of Atlanta about a defective median installed in the middle of the City of Atlanta’s busiest street, Peachtree Street, in the heart of Buckhead at the intersection of Peachtree Street and Piedmont Road. This intersection…
Do You Know What’s In Your Drain Opener?
I am working on a products liability case today that I have pending in Cobb County, Georgia in which my client was severely burned by a sulfuric acid drain opener (SADO). “Burn” may not be the accurate term…it is more like she had her skin dissolved by the sulfuric acid drain opener. She has…
“I Could Have Been Killed!” Do I Have a Case?
I have handled hundreds and hundreds of car wreck cases in Georgia. Very often I hear this common theme from prospective clients: “I Could Have Been Killed!” And it is often very true…they could have been killed, but thankfully, they weren’t. So do you have a case when you could…
Can I Sue the County?
Let’s say you have been injured in a car wreck because of negligent maintenance of a right of way owned by the County. Can you sue the County for your injuries? Of course, I have tried to teach my readers the short answer is always yes, you can sue…
If We Go To Trial, Who Will Decide My Case?
Today I read a funny article about a jury trial in Florida in which the jury sent the trial judge a note asking for a whiteboard and markers and a “big bottle of wine.” I thought that was pretty cute. Going to trial is a big decision. Although I have…