The Driver’s Privacy Protection Act (DPPA) generally protects the personal information of civilian citizens that is contained in government databases from access by government employees for reasons other than legitimate law enforcement purposes. Because of the special authority positions held by law enforcement personnel and the potential for abuse of…
Atlanta Personal Injury Lawyer Blog
11th Cir. Court of Appeals Rules in Favor of Credit Card Reporting Companies vs. Daughter of Deceased Parents
The Eleventh Circuit Court of Appeals recently ruled that a person’s status as an authorized user on a credit card account can be used to calculate an individual’s credit score, even where the individual is not financially responsible for any debts on the card. The plaintiff in the case, Kathleen…
Death of Motorcyclist Suspected to be Caused by Drunk Driver
A deadly crash earlier this week has left a motorcyclist dead and another in custody on suspicions that he was driving under the influence. The driver, 35 year-old Tarus Riggins, was operating a silver Porsche SUV when his vehicle struck Patrick Kuhen as he was driving his motorcycle at Ponce…
11th Circuit Court of Appeals Rules Tennessee Valley Authority Immune From Suit
Generally, the Federal and State Governments and the respective agencies within each enjoy sovereign immunity from suit unless it unequivocally waives its immunity through statute. However, even when Congress or a state legislature waives sovereign immunity, the courts will construe the scope of the waiver narrowly in favor of the…
The Future of Products Liability and Autonomous Vehicles
As technology continues to advance further towards the widespread use of autonomous vehicles, companies that manufacture automobiles and the autonomous driving programs will have to evaluate how to best mitigate the inherent risks involved in the creation and use of autonomous vehicles. Although eliminating human control will likely reduce the…
Grandma Arrested For Dog Attack And Death of 20-Month Old Baby
Yet another dog attack in Georgia last week (August 1) resulted in the death of a 20-month old baby in Athens, and the subsequent arrest of the grandmother, Sandra Adams, and dog owner on several felony charges. The grandmother was allegedly in the backyard with the child when the two…
South Carolina Supreme Court Expands Parties Whom May Bring Suit For Child’s Medical Expenses
A recent decision handed down by the South Carolina Supreme Court in Patton v. Rock Hill Gynecological & Obstetrical Associates, P.A., et. al., expanded the parties whom may bring a claim for a child’s medical expenses. The holding applied a broadened interpretation of Rule 17(a) of the South Carolina Rules…
Wisconsin Court Finds Medical Malpractice Damages Limit Unconstitutional
Numerous states, including Wisconsin and Georgia, have enacted statutes that limit the amount of non-economic damages a plaintiff can recover in a medical malpractice action. In addition to economic damages, juries can award plaintiffs damages for emotional injuries, like loss of consortium or loss of companionship, but in states…
Study Claims Marijuana Legalization Linked to Rise in Traffic Collisions
A recent study conducted by the Highway Loss Data Institute is raising red flags about the legalization of marijuana for recreational use and its correlation to an increase in the number of vehicle collisions reported to insurance companies in Colorado, Oregon and Washington. The study compared the collision rates of…
Infant Injured In Clinical Studies: Is It A Recoverable Injury?
The 11th Circuit Court of Appeals, whose opinions are binding on Federal and State Courts in Alabama, Florida, and Georgia, recently affirmed the holding of the United States District Court for the Northern District of Alabama to the extent that plaintiffs failed to establish that participation in a clinical study…