ELEVENTH CIRCUIT RULED THERE ARE TIES IN CIVIL SUITS

By Greg Veal July 7, 2022 News/Events/Seminars

A civil suit is like a regular-season NFL game, according to a panel of the 11th Circuit.  That is, unlike playoff games, the end result can be a tie.  Specifically, where neither party receives substantial relief and the court leaves them where it finds them, there is no “prevailing party.”

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CMS UPDATE - NEW LIFE TABLE

By Rahul Sheth June 30, 2022 News/Events/Seminars

 

On May 31, 2022, Centers for Medicare and Medicaid Services (CMS) announced that beginning June 4, 2022, it will utilize the CDC’s “Table 1: Life Table for the total population: United States, 2019” for all Workers’ Compensation Medicare Set-Aside (WCMSA) life expectancy calculations.

The life table links an injured worker’s age with their anticipated life expectancy based on CDC estimations. CMS uses this table to estimate how long the injured worker will require medical treatment for their work injury.

A link to CMS’ announcement can be found here.

A link to the current 2019 Life Table can be found here.

For questions regarding using the Life Table, please contact one of our workers' compensation attorneys.

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Bovis, Kyle, Burch & Medlin Raised Equivalent of Over 9,000 Meals for Atlanta Community Food Bank

By Rahul Sheth June 28, 2022 News/Events/Seminars

Bovis, Kyle, Burch & Medlin again participated in the 11th Annual Legal Food Frenzy Competition, organized by Georgia Attorney General Chris Carr, the Young Lawyers Division of the State Bar of Georgia, and Feeding Georgia (formerly Georgia Food Bank Association). This yearly event is for law firms, legal departments, and law schools to collect food and raise money to benefit the local community food banks. Our firm’s donations benefited the Atlanta Community Food Banks, and the Bovis Kyle family raised enough to provide 9,321.4 meals to our neighbors and those in our community who are experiencing food insecurity.

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Second Successful Daubert Challenge Within Past Three Months

By June 21, 2022 News/Events/Seminars

Attorneys Wayne Tartline and Eric Connelly recently obtained a trial court order excluding causation testimony of a doctor identified by the Plaintiff to provide testimony in support of Plaintiff’s special damages. In excluding the causation testimon, the State Court Judge found that “the basis for any causation testimony . . . is not based upon sufficient facts and data and does not satisfy the Daubert standard.” 

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CONDITIONAL & UNCONDITIONAL CONDITIONS: THE 2010 A-312 BOND

By Gregory R. Veal June 8, 2022 Articles

The 2010 version of the AIA Form A-312 performance bond is an effort to balance, and interconnect, the rights and duties of the obligee and the surety. It replaces the 1984 version with a few tweaks and one major shift of risk: requiring the surety to prove prejudice to enforce the notice requirement in Section 3. This article discusses the conditions contained in the 2010 AIA Form A-312 bond.

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Bovis, Kyle, Burch & Medlin Absolves UIM Carrier of Liability Through Favorable Trial Verdict

By June 3, 2022 News/Events/Seminars

In a case tried in May in Gwinnett County, Bovis, Kyle attorney Brian Alligood successfully limited two personal injury Plaintiffs to a combined recovery of less than $11,000.00, despite medical bills approaching $100,000.00 and after their attorney requested roughly $300,000.00 in total damages during closing argument. 

The case was filed jointly by the driver and front seat passenger of a vehicle that collided in an intersection when an opposing driver turned left into their path on a late Friday afternoon. The driver of the other vehicle admitted fault for the accident, and her liability carrier tendered its minimum liability limits to both drivers. Both Plaintiffs subsequently filed suit demanding substantial, additional monies from the UIM carrier that insured their vehicle.

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