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The Elephant Not In The Room: Apportionment To Nonparties In Georgia, Michael K. Newman
The Elephant Not In The Room: Apportionment To Nonparties In Georgia, Michael K. Newman
Georgia Law Review
Apportionment to nonparties generally concerns defendants alleging that certain nonparties are also at fault for the plaintiffs harm. A defendant's successful allocation of fault to a nonparty results in the defendant shedding a portion of their liability toward the plaintiff. If joint and several liability has been abolished, then this means that the plaintiff will collect less damages from the named defendant. This Note addresses how current practice in Georgia allows the defendant to do this with very little effort. Specifically, this Note takes issue with a recent Georgia Court of Appeals decision, Double View Ventures, LLC v. Polite, 757 …
A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.
A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.
Georgia Law Review
As law firms and their corporate clients continue to expand into different legal jurisdictions, and since the conflict of one attorney is imputed to the attorney's firm, the potential for conflicts of interest increases. A law firm retained to advise a corporate subsidiary in a minor matter in one state may be disqualified from another, more significant matter in a different jurisdiction if the potential client is adverse to the parent company in the initial representation. Without a method for prospective waiver of conflicts, a law firm's only recourse is seeking the consent of the currently represented client. To avoid …