Product liability law refers to the legal framework that holds manufacturers, distributors, and sellers accountable for defective products that cause harm or injury to consumers. It is based on the principle that companies are responsible for ensuring the safety & quality of the products they bring to the market. When…
Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first…
Medical malpractice is when a healthcare expert, such as a doctor, nurse, or other medical personnel, deviates from the obtained standard of care, resulting in harm or injury to a patient. On the other side, negligence is a broader legal concept encompassing various forms of professional medical malpractice and misconduct.…
In response to the opioid crisis, the Department of Justice (“DOJ”) has long prioritized prosecution of doctors prescribing opioids in violation of the Controlled Substances Act (“CSA”), 21 U.S.C. § 841. Passed in 1971, the CSA is an expansive criminal statute originally designed to prosecute people involved with trafficking so-called…
When the government investigates or prosecutes alleged corporate crime, a key question commonly emerges: Will the accused client waive attorney-client privilege and disclose relevant communications to the government? This issue often arises because lawyers are routinely involved in corporate actions and decisions later subject to government scrutiny. “The extensiveness and…
You know the Supreme Court of the United States feels strongly about an issue when, in the Court’s parlance, it adds “extra icing on a cake already frosted.” That is, in effect, what the Court did in Van Buren v. United States (No.19-783), an opinion issued last Thursday in which…
As mentioned in Part I, punitive damages are not available as part of the wrongful death claim. They are, however, available in connection with the estate’s claims for the decedent’s predeath injuries and pain and suffering. Donson Nursing Facilities v. Dixon, 176 Ga. App. 700, 701 (1985). Like with the…
This is Part I of a discussion concerning what damages are available in Georgia wrongful death cases. Part II will be published next week. Wrongful death claims in Georgia are typically divided into two separate claims: (1) the wrongful death per se as measured by the “full value of the life of…
[Law360 published the below article by Finch McCranie partner, David Bouchard, on January 25, 2021. The article concerns PPP fraud and enforcement. Our white collar criminal defense team is deeply experienced in helping individuals and businesses navigate government investigations, enforcement actions, and prosecutions. If you are contacted by a law…
Nobody accused of a federal crime should be penalized for exercising their Sixth Amendment right to trial. And yet, because of the trial penalty, that happens all too often.[1] The trial penalty refers to “the substantial difference between the sentence offered in a plea offer prior to trial versus the…