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Litigation

Mercer Law Review

2015

Articles 1 - 4 of 4

Full-Text Articles in Law

Trial Practice And Procedure, Brandon L. Peak, Tedra C. Hobson, David T. Rohwedder, Robert H. Snyder, Morgan E. Duncan, Joseph M. Colwell, Christopher B. Mcdaniel Dec 2015

Trial Practice And Procedure, Brandon L. Peak, Tedra C. Hobson, David T. Rohwedder, Robert H. Snyder, Morgan E. Duncan, Joseph M. Colwell, Christopher B. Mcdaniel

Mercer Law Review

This Article addresses several significant opinions issued and legislation passed during the survey period of this publication for the Georgia civil trial practitioner.


Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr Jul 2015

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

After an uneventful 2013 on the class action front, the United States Court of Appeals for the Eleventh Circuit tackled an assortment of class action issues during 2014, which often required the court to navigate around a recent wave of Supreme Court precedents affecting that area.


Trial Practice And Procedure, John O'Shea Sullivan, Ashby K. Fox, Tala Amirfazli Jul 2015

Trial Practice And Procedure, John O'Shea Sullivan, Ashby K. Fox, Tala Amirfazli

Mercer Law Review

The 2014 survey period yielded 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 statutory interpretation, subject matter jurisdiction, arbitration, and civil procedure.


Fisher V. Gala: O.C.Ga. § 9-11-9.1(E) Keeping Malpractice Claims Afloat, Kathryn S. Dunnam May 2015

Fisher V. Gala: O.C.Ga. § 9-11-9.1(E) Keeping Malpractice Claims Afloat, Kathryn S. Dunnam

Mercer Law Review

For over four decades, the Georgia General Assembly has sought to strike a balance between the need for competent medical care and the role of the judiciary in determining relief for those injured by improper medical treatment. In its effort, Georgia adopted measures to limit the number of frivolous lawsuits to protect its professionals while giving plaintiffs an efficient avenue for relief. One of these adopted measures is the Official Code of Georgia Annotated's (O.C.G.A.) expert affidavit requirement, section 9-11-9.1 (§ 9.1). The use of expert testimony in malpractice cases is "firmly entrenched" in Georgia's policy and crucial to professional …