When the plaintiff wins, the defense pays money. When the defense wins . . .
When the defense wins, why should the defendant and insurer have to eat the defense bill? Why doesn’t the plaintiff who loses the case have to pay the defense fees and expenses? Is that fair?
Well, thanks to a recent appellate court ruling in one of our cases, a strategically secured defense win may require that losing plaintiff to pay!
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The Daily Report features Matt Moffett in this article, Role of bullying in teen suicide disputed Continue Reading…
Did you know that the issue of jury apportionment of “fault” in premises liability, criminal attack cases is hanging in the balance and will be decided soon in our Georgia appellate courts? So, how will the upcoming decision impact you if you handle these cases for your insurer, TPA or company?
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By Matthew G. Moffett and
Wayne S. Melnick,
Gray, Rust, St. Amand, Moffett & Brieske
Introduction
In a recent CaseMetrix editorial, an author presented his experiences regarding two “criminal attack” premises liability cases and how Georgia’s law regarding apportionment affected each of those trials. The editorial was written by a Plaintiff’s attorney sharing his perspective and experiences. This editorial is written not as a response to the previous one, but rather to present the perspective and experiences of attorneys from the defense side of the bar that have tried apportionment, premises liability cases involving criminal attacks.
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Insurance defense attorney makes rare move to the other side and wins verdict four times pretrial offer
[From The Daily Report, August 2, 2011 issue]
By: Katheryn Hayes Tucker ktucker@alm.com
Insurance defense attorney Matthew G. Moffett of Gray, Rust, St. Amand, Moffett & Brieske “became a switch hitter” and tried a case for a plaintiff in Cherokee County State Court in July. He came away with a $100,000 verdict—four times the highest pretrial defense offer—and a new perspective on the roles played by both sides.
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Written by Katheryn Hayes Tucker of The Daily Report.
A potentially big payout and broad-reaching liability exposure for an automaker are at stake in a trial that began in Cobb County State Court this week to determine who is responsible for a death caused by a car’s air bag.
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May 26, 2010 from Daily Report
http://www.grsmb.com/wp-content/Moffett-Articles/2010%2006%20McDowell.pdf
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April 14, 2010 from Daily Report
http://www.grsmb.com/wp-content/Moffett-Articles/2010%2004%20Vassilieva.pdf
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Written by Andy Peters of the Daily Report.
For $95, plaintiffs’ lawyers can buy a book that teaches them how to appeal to jurors’ basic survival instincts, those that emanate from humans’ “Reptilian” brains.
“When the Reptile sees a survival danger, she protects her genes by impelling the juror to protect himself and the community,” write co-authors Don C. Keenan, an Atlanta plaintiffs’ lawyer, and David Ball, a North Carolina jury consultant.
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