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Full-Text Articles in Law
The Seat-Belt Defense In Georgia, Jacob E. Daly
The Seat-Belt Defense In Georgia, Jacob E. Daly
Mercer Law Review
For a doctrine of common-law origin, the seat-belt defense is a relatively youthful fifty years old. Credit for the first use of this defense has been attributed to the defendant in Stockinger v. Dunisch, a 1964 case in Sheboygan County, Wisconsin, in which the plaintiff's damages were reduced by 10% based on the jury's finding that she was negligent for failing to use a seat belt. Despite this initial success, most states have rejected the defense, some legislatively and others judicially, and therefore exclude evidence of a plaintiffs failure to use an available seat belt. The Georgia Court of …
Evidence, John E. Hall Jr., W. Scott Henwood, Alex Battey
Evidence, John E. Hall Jr., W. Scott Henwood, Alex Battey
Mercer Law Review
This year's Survey of evidence finds us in a unique position. The overhaul of the Georgia Evidence Code (Evidence Code) went into effect on January 1, 2013. Therefore, appellate cases continue to emerge that interpret and apply the former rules, providing insight and raising questions about how the new rules have changed the face of evidence in Georgia. This Survey highlights cases decided by the Georgia Court of Appeals and the Georgia Supreme Court between June 1, 2012 and May 31, 2013, that illustrate this tension between the old and new rules of evidence. These cases are presented alongside other …
Product Liability, Franklin P. Brannen Jr.
Product Liability, Franklin P. Brannen Jr.
Mercer Law Review
This Article surveys developments in Georgia product liability law between June 1, 2012 and May 31, 2013. The Article covers noteworthy cases decided during this period by the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.
Trial Practice And Procedure, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson, Mary K. Weeks, Jeb Butler, Anna W. Howard, Morgan E. Duncan
Trial Practice And Procedure, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson, Mary K. Weeks, Jeb Butler, Anna W. Howard, Morgan E. Duncan
Mercer Law Review
This Article addresses several significant cases and legislation of interest to the Georgia civil trial practitioner occurring during the survey period of this publication.
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr
Mercer Law Review
This year saw the United States Court of Appeals for the Eleventh Circuit set the ground rules for collateral attacks on class settlements and elaborate on the predominance requirements for class certification. The court also considered the enforceability of a, variety of arbitration provisions in light of the United States Supreme Court's decision in AT&T Mobility LLC v. Concepcion and examined standing issues common in data security breach class actions.
Trial Practice And Procedure, John O'Shea Sullivan, Ashby Kent Fox, Amanda E. Wilson
Trial Practice And Procedure, John O'Shea Sullivan, Ashby Kent Fox, Amanda E. Wilson
Mercer Law Review
The 2012 survey period yielded several noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, several of which involved issues of first impression. This Article analyzes recent developments in the Eleventh Circuit, including significant rulings in the areas of arbitration, statutory interpretation, subject matter jurisdiction, and civil procedure.