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Court Finds Arbitration Clause Waived Due To Delay In Demanding Arbitration

Arbitration

CONTRACTUAL RIGHT TO ARBITRATION WAIVED BY DELAY AND PREJUDICE TO OPPOSING PARTY The Georgia Court of Appeals chipped away at the trend to submit cases to arbitration whenever possible in SunTrust Bank v. Lilliston, 338 Ga. App. 738, 791 S.E.2d 614 (2016),  According to the court of appeals, this was a case of first impression….

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Service By Publication Allowed Against Defendant Intentionally Evading Personal Service

This case concerned a defendant who was aware that the plaintiff was attempting personal service of the complaint. The defendant intentionally avoided personal service despite several attempts by the plaintiff to perfect service.  The Georgia Court of Appeals’ decision in Cascade Parc Property Owners Association, Inc., v. Clark, 336 Ga. App. 99, 783 S.E.2d 692…

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Arbitration Clause Struck Down By Court of Appeals in Wrongful Death Claim

  If an arbitration agreement is present, courts rarely prevent parties from being required to arbitrate their disputes.  But the Court of Appeals did so in this case. In Norton v. United Health Services of Georgia, Inc., (No. A15A2268, Ga. App., March 2, 2016), the Georgia Court of Appeals examined whether an arbitration agreement was…

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JUST WHO HAS THE RIGHT TO REHAB ANYWAY? THE INVALIDITY OF SBWC RULE 200.2

I am convinced that rehabilitation services in non-catastrophic cases (which has historically been broadly defined to include case management)[1] should continue to be voluntary under O.C.G.A. §34-9-200.1(h) so that case management in any form can be terminated by the injured worker, and the right of the injured cannot lawfully be diminished by SBWC 200.2. SBWC…

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PLAINTIFFS OBTAIN VENUE IN COUNTY WHERE LOSS OCCURRED

This recent decision of the Georgia Court of Appeals involved the question of venue for tort claims brought against the State of Georgia.  Four separate actions were consolidated for purposes of this appeal. The parents of Cayleb Drayton filed suit for negligence against the Board of Regents of the University System of Georgia under the…

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Experienced Attorneys Know Court Rules

This is another case that demonstrates just how important it is to have an experienced attorney handle your claim.  The case presents an appeal that was dismissed by the Georgia Court of Appeals because proper appellate procedures were not followed.  This means that someone lost their chance to have their day in court. Complete Wiring…

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