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  • Article

    Is Negligence Per Se Alone Evidence Of Bad Faith?

    In the context of O.C.G.A. § 13-6-11, "bad faith" refers to the conduct of the defendant out of which the cause of action arose. Brown v. Baker, 197 Ga. App. 466, 467 (1990).
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    DON'T TELECOMMUTE WITHOUT A NET: COVID-19 And The Importance Of A Telecommuting Policy

    Even before the COVID-19 crisis, businesses were warming up to the benefits of remote working, or "telecommuting."
    United StatesTechnology
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Change Of Condition vs. Fictional New Injury: A Review Of AZ Atlanta Et Al. v. Surge Staffing, LLC, et. al.

    The workers compensation Act is most successful in its application when an injured worker receives all necessary and related medical treatment needed to return the employee back to his...
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    What To Expect When You're Expecting … An Uncooperative Insured

    For an insurer, fully evaluating a time limited demand in an automobile negligence action can be difficult and uncertain.
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    The ELD Mandate: Feeding The Reptile With Voluminous Electronic Data

    Five years ago, Congress passed the Commercial Motor Vehicle Safety Enhancement Act of 2012, which ordered the Secretary of Transportation to regulate commercial motor vehicles ...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Limiting Litigation: The Georgia Supreme Court's Review Of Time-Limitation Provisions

    Contractual provisions controlling the venue and avenue through which a plaintiff can bring a claim against a defendant are powerful tools to control litigation should it arise
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Best Practices For Handling Liability Claims Involving Medicare

    Until 1980, Medicare was the primary payer for all medical services covered by Medicare except those covered by Worker's Compensation.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Shifting The Burden To The Employee: The Case For Statutory Change In The WC-240 Process

    As many defense attorneys, claims adjusters, and employers can attest, the current law governing the return to work process when an employee is released to light duty is onerous
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    REINSTATED – COVID-19 Vaccine Mandates For Private Employers With 100 Or More Employees

    OSHA announced this week that it has implemented the ETS and expects covered employers to immediately begin taking steps to comply with its requirements.
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    The Doctrine Of Res Ipsa Loquitor And Its Application To Personal Injury Cases

    Even those with a cursory knowledge of the legal system understand that evidence is crucial to any case. But what most people do not know is that the absence of evidence...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Navigating Discovery: A Strategic Approach To Case Preparation

    Written discovery is a fundamental component of litigation that many individuals encounter for the first time when involved in a lawsuit. Understanding how to effectively respond to requests for admissions...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    The "Party" You Didn't Realize Was Exercising Control Over Your Litigation And What You Can Do About It

    It is undeniable that litigation funding is taking the legal world by storm. In 2017, 36 percent of U.S. law firms reported using litigation funding, which was a 414 percent increase in use...
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    WC-240 Overview: A Step-by-Step Guide To The Light-Duty Job Process

    Unlike articles that require scrolling through pages of advertisements before getting to the three easy steps to completing a home improvement project, the three-step WC-240 process...
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims

    Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Avoiding Common Pitfalls And Preserving Defenses In The Event Of Application Misrepresentation

    When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides...
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    State And Federal Courts Continue To Reject Public Policy Challenges To Arbitration Clauses

    Recent decisions by the Georgia Court of Appeals and the United States Supreme Court make it easier for parties to avoid court and resolve their disputes in arbitration. In each decision
    United StatesLitigation, Mediation & Arbitration
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Protecting The Interests Of Medicare Advantage Plans In Settlement Involving Plan Beneficiaries

    Since at least 1980, federal law has permitted Medicare to recover payments made for medical care provided to beneficiaries when there is liability or workers' compensation insurance...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    My Thoughts On "Having It All" As A Working Mother

    WWhen I was a young, naïve college student contemplating career paths, I imagined a life where I could have it all. At that time, my idea of "having it all" included a husband and children
    United StatesEmployment and HR
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Georgia Court Takes Bright-Line Approach To Question Of When Liability Insurer Has A Duty To Settle, Thereby Limiting Insurers' Potential Bad Faith Exposure Where No Formal Settlement Demand Within Policy Limits Has Been Made

    A recent Georgia Supreme Court Decision unequivocally places Georgia on the side of the insurer when it comes to the long-debated question of when a liability insurer has a duty to settle a third-party claim.
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP
  • Article

    Sticking Points: An Analysis Of Georgia Federal Courts' Recent Daubert Rulings In First-Party Property Cases

    Rulings on Daubert motions should not be underestimated: a favorable ruling can provide confidence and credibility while an unfavorable ruling can undermine any possibility of success...
    United StatesInsurance
    Drew Eckl & Farnham, LLP
    Drew Eckl & Farnham, LLP

Showing 221–240 of 252 results

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