Georgia’s new tort reform package represents the most comprehensive overhaul of Georgia civil procedure since 2005. MKB has been intimately involved in advocacy for this bill, including developing the background information that led to parts of this legislative effort.
The Court of Appeals recently interpreted the 2021 version of OCGA 9-11-67.1, in Diaz v. Thweatt, No. A24A1062, 2024 WL 4500692, (Ga. Ct. App. Oct. 16, 2024). The Court’s opinion has significant implications for recipients of demands in Georgia for tort claims arising from the use of a motor vehicle and should provide additional protection for insurers from bad faith claims.
McMickle, Kurey & Branch, LLP partners Scott McMickle and Michael Johnson recently obtained a very favorable result in a wrongful death trial against a trucking company in Clayton County State Court.
McMickle, Kurey & Branch, LLP partners Scott McMickle and Luke Kennedy recently obtained a complete defense verdict in an admitted liability dump truck accident case while representing a local gravel hauling trucking company in Walton County Superior Court.
McMickle, Kurey & Branch, LLP partners Zach Matthews and Luke Kennedy obtained a de facto defense verdict in an admitted liability truck wreck case in Hall County State Court.
McMickle, Kurey & Branch, LLP partners Zach Matthews and Luke Kennedy obtained a de facto defense verdict in an admitted liability truck wreck case in Hall County State Court before Judge Amy Robertson (Misty Crawford v. Chastain Janitorial Services, et al).
McMickle, Kurey & Branch, LLP partners Scott McMickle and Matt Sessions obtained a de facto defense verdict in an admitted liability truck wreck case in the United States District Court for the Northern District of Georgia before Judge Charles Pannell. Defendants uncovered significant evidence of bias, intent, and motive of Plaintiff’s post-accident medical provider, Spine Center Atlanta (“SCA”)
With foreclosure moratoria behind us, inflation and interest rates on the rise, and the Country seemingly headed toward another recession, post-COVID debt collection activity is ramping up. Accordingly, lenders and creditors must remain vigilant to avoid inadvertent missteps that may compromise their ability to collect on their debts. This includes not only from principal debtors, but from guarantors and other sureties of those debts, as well.
O.C.G.A. § 9-11-67.1(d) grants a recipient of an offer to settle a tort claim arising from the use of a motor vehicle “the right to seek clarification regarding the terms, the terms of the release, liens, subrogation claims, standing to release claims, medical bills, medical records, and other relevant facts.” However, such a recipient must be careful that a request for clarification does not constitute a counteroffer.
In what may become a landmark decision, the 11th Circuit recently took the opportunity presented by a case involving “judge-created” Florida maritime law to roundly criticize medical billing practices in connection with litigation. In August 2020, the 11th Circuit decided the case of Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295, 1308 (11th Cir. 2020).
