Mar 26, 2018

The Georgia Supreme Court Looks at Georgia’s New Evidence Code

Evidence Code

Effective January 2013, the Georgia General Assembly enacted a new Evidence Code modeled after the Federal Rules of Evidence. Since then, Georgia courts have wrestled with how to interpret Georgia’s Evidence Code and what to do with the body of earlier case law addressing evidence issues. The Georgia Supreme Court recently confronted this issue in… Read more


Feb 21, 2018

Attempt to Add an Arbitration Clause to a Customer Agreement during Litigation is Ineffective

Arbitration

In Dasher v. RBC Bank (USA), Case No. 15-13871 (decided February 13, 2018), the United States Court of Appeals for the Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress…. Read more


Feb 5, 2018

The Georgia Supreme Court Will Look at Litigation Funding

Court Ruling

A previous post in this blog reported that the Georgia Court of Appeals decided in Cherokee Funding, LLC v. Ruth, Case No. A17A0132 (decided June 27, 2017), that a litigation funding agreement was not subject to the Georgia Industrial Loan Act or the Payday Lending Act. That decision removed a potential barrier to litigation funding.  It… Read more


Feb 1, 2018

Does a Self-Serving and Uncorroborated Affidavit Have Any Use? “Yes,” Says the Eleventh Circuit.

Rule 56 of the Federal Rules of Civil Procedure allows a court to dispose of a case as a matter of law when no genuine issue of material fact exists. Can an affidavit from a party create a genuine issue of material fact even if it is “self-serving and uncorroborated”? In United States v. Stein,… Read more


Sep 27, 2017

Please Call Back: When is a Voice Mail from a Debt Collector Harassing?

man dialing phone

An individual received a voice mail message from a debt collection company. The message stated the name of the company and that the call was from a debt collector, and asked that individual to call back at a particular number. She filed a lawsuit alleging that the voice mail was a harassing communication that violated… Read more


Sep 25, 2017

Judicial Estoppel Won’t Automatically Preclude a Lawsuit Omitted from Bankruptcy Schedules

Bankruptcy Law & Judicial Estoppel

Courts regularly apply the equitable doctrine of judicial estoppel to justify the dismissal of a lawsuit brought by a person that had filed for bankruptcy. The doctrine generally has worked as follows. A party files for bankruptcy. As a part of that process, the debtor must identify his assets. Those assets could include a potential… Read more


Sep 8, 2017

Price Fixing Claim Against Insurers Survives Dismissal

In Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Co., Case No. 15-14160 (decided September 7, 2017), the United States Court of Appeals for the Eleventh Circuit reversed the dismissal of a price fixing claim against auto insurers brought by repair shops. The appeal arose out of a collection of cases consolidated… Read more


Aug 29, 2017

How Long Will a Civil Appeal in the Eleventh Circuit Typically Take?

Judge Grants Motion Striking Inequitable Conduct Defense

There are 13 federal appellate courts called the U.S. Courts of Appeal that sit below the U.S. Supreme Court. These courts hear appeals from 94 federal trial courts, which are called the U.S. District Courts. According to statistics from the Administrative Office of the United States Courts published in its Judicial Business 2016 report for… Read more


Jul 6, 2017

The Georgia Court of Appeals Looks at Litigation Funding

Gavel and Money

In recent years, an industry has developed in which businesses advance monies to plaintiffs with pending lawsuits in exchange for a share of the recovery. The business only recovers money if the plaintiff makes a recovery. If the lawsuit fails, the business making the advance receives nothing. In the Cherokee Funding, LLC v. Ruth, Case… Read more


Jul 3, 2017

Georgia Declines to Recognize a Claim for Negligent Destruction of Evidence

Car Accident

An individual is injured in an automobile accident. He wants to file a products liability suit against the manufacturer of the tires on his car. However, his insurance company has disposed of the car and the tires. Can the injured person sue his insurance company for having negligently destroyed important evidence? The Georgia Court of… Read more