Apportionment Allowed Against Plaintiff’s Employer

In Zaldivar v. Prickett, decided July 6, 2015, the Georgia Supreme Court appears to have answered the question of whether a jury should be allowed to apportion fault at trial against a plaintiff’s employer, even though the employer would have immunity or other liability defenses which would have prevented the plaintiff from suing the employer […]

Developing a Discovery and Litigation Plan for Bad Faith Cases

Introduction Discovery in a bad faith case, particularly in cases based on breach of a duty to settle or defend, is involved, intense and requires a great deal of planning at the onset of the litigation. Bad faith cases involve a number of potential witnesses on the insurance industry side who made decisions concerning the […]

US 11th Circuit Court of Appeals refused to rehear its decision

On 1/13/15, the United States 11th Circuit Court of Appeals refused to rehear its decision affirming a federal district ruling that a major liability insurer was not responsible for a state court verdict in excess of 10 million dollars. Partner James Brieske of Gray, Rust, Moffett and Brieske successfully argued that tenants who were operating an unlicensed day […]