Other Civil Litigation
Below are some of our notes on other news, developments and trends in Georgia civil litigation.
The Georgia Supreme Court upheld two controversial laws on Monday which may signal a change in the direction of the Court. The Court first ruled that gross negligence in medical malpractice suits against ER doctors is not an unconstitutional standard. It also ruled that criminal defendants convicted of non-sex crimes can be forced to register as sex offenders.
Legal analyst and Atlanta trial lawyer Page Pate shared his analysis of both opinions and what they mean for the future of ...
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The federal government has admitted that homeowners have not been treated fairly under its recent $75 billion mortgage relief program. However, the government may soon implement new policies which could help level the playing field between homeowners and mortgage companies.
The Atlanta Journal Constitution has the story.
One of the largest complaints by home owners is that lenders can continue to foreclose on a home even if a homeowner has enrolled in the relief program. If the new policies go ...
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Our firm was recently retained to represent a Georgia homeowner who had been threatened with foreclosure by Wells Fargo, even though she had faithfully followed the bank’s repayment plan.
The Marietta Daily Journal featured the story in an article called “American Nightmare.”
Although the client was to be kicked out of her house right before Christmas, Attorney Jennifer Jordan of our firm took immediate action and helped our client keep her home. Based on the actions of Wells Fargo, ...
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Cobb County police arrested Paul Patrick Serdula, a nurse anesthetist, last week for unlawful surveillance after a patient found video surveillance equipment in a Marietta dentist office bathroom. Authorities then re-arrested Serdula on Monday night for aggravated sexual battery and aggravated child molestation after evidence revealed that he may have made sexual contact with a sedated juvenile. Police now fear that there may be as many as 100 other victims who were inappropriately touched while sedated.
The Atlanta ...
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Cobb County police believe that a Marietta, Georgia nurse anesthetist may have inappropriately touched hundreds of patients while they were sedated. The allegations arose after a patient found video surveillance equipment in the women’s bathroom of a Cobb dentist office.
The Atlanta Journal Constitution has the story.
Police say a patient spotted the recording device and immediately called 911. Authorities were then able to link the device to Paul Patrick Serdula. Upon searching Serdula’s home, police found hundreds ...
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The Georgia Supreme Court heard arguments this week about whether to uphold a Georgia law which requires a plaintiff to establish gross negligence in order to prove medical malpractice in emergency rooms.
The Atlanta Journal Constitution has the story.
Georgia recently passed a wave of "tort reform" laws aimed at making it harder to sue doctors. One such law raised the level of culpability that an injured emergency room patient must prove to hold a doctor liable from negligence to ...
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A 10-year-old Clayton County girl has accused a cab driver of molesting her while driving her to school. The cab driver is now in jail on three sex crime charges.
The Atlanta Journal Constitution has the story.
The cab driver, David Alvarado Perez, and another driver had been transporting the girl by herself to school for over a year. On the day of the incident, the mother believes the girl jumped out of the cab and ran to tell ...
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Gwen Dalley thought she was taking antibiotics she received from a Loganville CVS pharmacy. After being hospitalized for suffering nausea, headaches, and blurred vision, she discovered that she was really taking an antidepressant improperly dispensed to her by the pharmacy. Her story appears to be a growing trend in Georgia and around the country.
The Atlanta Journal Constitution has the story.
Dalley’s attorney, Trent Speckhals, settled her case confidentially with CVS, and Dalley has also filed a complaint with ...
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In 2005, Georgia passed sweeping tort reform laws including capping non-economic damage awards in medical malpractice cases. The Supreme Court of Georgia will now address the issue of whether such a cap is constitutional.
The Atlanta Journal Constitution has the story.
Georgia capped non-economic damages, which includes pain and suffering, at $350,000 in medical malpractice cases. The imposition of caps in medical cases was largely due to the influence of healthcare and insurance companies. But that may soon ...
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In February 2008, an Imperial Sugar Co. refinery exploded in Port Wentworth which resulted in 14 deaths. The director of human resources for Imperial has testified that the CEO instructed her shortly after the explosion to downplay the role she played in safety procedures.
The Savannah Morning News has the story.
Deborah Haban, Imperial’s director of human resources, testified in a federal investigation that shortly after the explosion she told the company’s CEO, John Sheptor, that OSHA was likely to ...
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