Mar 22, 2022

Georgia Supreme Court Addresses Product Liability and User’s Intentional Misbehavior

Hands-Free Cell Phone Holder to Prevent Distracted Driving

In Maynard v. Snapchat, Inc., Case No. S21G0555 (decided March 15, 2022), the Georgia Supreme Court examined whether an injured party could assert a product liability claim when the third-party user of the product had engaged in intentionally wrongful behavior.  The Georgia Supreme Court concluded that a complaint alleging such a claim could survive a motion to dismiss. Mr. Maynard suffered injury in a traffic accident.  The other party who hit Mr. Maynard’s vehicle was driving over 100 miles per hour while using the “Speed Filter” feature of Snapchat to record her speed and display it as part of a… Read more

Nov 24, 2015

Generic Drug Labeling in Georgia

In Georgia, Brand Name Drug Manufacturers are Not Responsible for the Labeling of Generic Drugs In Pliva, Inc. v. Dement, Case No. A15A1157 (decided November 20, 2015), the Georgia Court of Appeals joined the majority of jurisdictions that have held that a party who claims to have been injured by allegedly incorrect or inadequate warnings on a drug produced by a generic manufacturer cannot attempt to blame the manufacturer of the identical brand name drug. Under federal law, a generic drug manufacturer is obligated to use the same labeling that the FDA has approved for the identical brand name drug…. Read more