Posted September 5, 2017 IMO Trust Created Under the Will of Harold S. Schutt C.A. #10574-MZ (July 17, 2017) In this case, the testator’s trust, which was created under his will, contained language that left his estate to the more distant of his relatives, as opposed to his more immediate family members. The testator’s more immediate…
Destroying Evidence: Taylor Swift Says “Shake it Off”
From Berman Fink Van Horn This blog has periodically highlighted the consequences of destroying evidence and the role forensics play in litigation. Last week’s blog entry discussed the contours of third parties’ obligations to preserve relevant evidence. For this week’s spoliation lesson, we turn to a dispute involving pop culture icon Taylor Swift. Taylor Swift had bad blood with a…
Turning to a 3rd party for evidence in a lawsuit? Ensure it’s available
From Berman Fink Van Horn Whether a matter involves divorce, criminal matters, contracts or anything in-between, the strength of a case or defense is largely dependent on the evidence presented by each party. Yet, in some situations, a party does not possess the evidence it needs and must rely on a third-party to ensure that…
What’s the statute of limitations on a breach of fiduciary duty claim?
From Berman Fink Van Horn Under Georgia law, certain relationships give rise to fiduciary duties on the part of individuals. An individual with a fiduciary duty must exercise loyalty and utmost good faith towards the person to whom the duty is owed. Certain employees and officers can owe fiduciary duties. Georgia courts have held that employees vested…
Personal Injury and Property Damage with Drones
Although drones (aka unmanned aircraft systems) can come in small sizes (e.g., https://www.indiegogo.com/projects/micro-drone-3-0-flight-in-the-palm-of-your-hand-drones-gadgets–4#/), the propellers on drones and flying drone parts can inflict serious, sometimes irreparable damage. The eyes seem particularly vulnerable. Below is a list of some known injuries and the legal consequences.