Almost every type of legal claim is governed by an applicable statute of limitation that limits the amount of time a plaintiff has to bring legal action to redress his or her grievance. Among the
Evidence is of undeniable importance in every legal action. Indeed, one would find it difficult to succeed in a breach of contract case if he or she were unable to produce the contract at issue.
Although it’s an obvious concern, a plaintiff should always make sure that he’s both suing the proper party and filing his action in a court that has the authority to bring the selected party into court.
Although it’s common knowledge that workers’ compensation law prevents, in most circumstances, an employee from suing his or her immediate employer for injuries sustained in the course of employment, few know that the provisions barring
A common issue that arises in slip-and-fall litigation is whether the business owner had knowledge of the foreign substance on which a plaintiff slipped and fell. Given that employees are generally not inclined to acknowledge
In order to successfully assert negligence, a plaintiff must generally prove four elements: duty, breach of duty, causation, and damages. However, certain evidentiary and negligence doctrines allow a plaintiff, in certain circumscribed situations, to win
Since passage of the Federal Arbitration Act of 1925, arbitration clauses have become a commonplace, if not boilerplate, provision utilized in contracts executed in the United States. However, given the ubiquity of adhesion contracts, many
As we’ve discussed before, the standard for medical malpractice liability in Georgia varies depending on whether the alleged act of medical malpractice occurs during an emergency situation. Given that the standard for liability is more
Those experienced with the law know that courts are institutions of procedure. Although many associate this exacting adherence to process with the rules to which the parties in litigation must abide, the court itself is
Successfully asserting negligence claims against the State or a municipality can be a difficult task. However, success is possible. In a recent decision, City of Atlanta v. Kovalcik (PDF-embedded link), the Georgia Court of Appeals affirmed
Although employers are not liable for every injury caused by an employee, the doctrine of respondeat superior does make an employer liable for certain injuries caused by an employee acting within the scope of his
Generally, courts will rarely disturb the factual determinations and ultimate verdict provided by a jury. However, there do exist certain limited circumstances when the court can overturn a jury’s verdict. Among the grounds that exists
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