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Seminar Number

9078

Registration Fee:

$140

ABUSIVE LITIGATION

RECORDED FEBRUARY 5, 2016

Archived Webcast

CLE Hours:
6 CLE Hours including 1 Ethics Hour and 3 Trial Practice Hours

Presiding:
Frank J. Beltran, Program Co-Chair, The Beltran Firm, Atlanta
Kim M. Jackson, Program Co-Chair, Bovis, Kyle, Burch & Medlin, LLC, Atlanta

INTRODUCTION AND OVERVIEW OF STATUTES RELATING TO ABUSIVE LITIGATION
Frank J. Beltran
Kim M. Jackson

CLAIMS FOR ATTORNEY’S FEES AND EXPENSES UNDER OCGA §9-15-14

  • Statutory Framework and Operation of OCGA §9-15-14
  • OCGA §9-15-14 Damages—Only Attorney’s Fees and Costs
  • Cases: A Primer on Frivolous Litigation
  • Examination of the Overlap Between OCGA §9-15-14 and OCGA §51-7-80

Christine L. Mast, Hawkins Parnell Thackston & Young LLP, Atlanta

RECOVERY OF ATTORNEY’S FEES UNDER OCGA §13-6-11

  • Bad Faith
  • Stubbornly Litigious
  • Unnecessary Trouble & Expense
  • Relationship of OCGA §13-6-11 to OCGA §9-15-14 and OCGA §51-7-80, et seq.
  • Relationship of OCGA §13-6-11 to OCGA §33-4-6 and OCGA §51-12-5, 5.1 and 6
  • Introduction of Normally Prohibited Settlement Negotiations via OCGA §13-6-11
  • Ethics Regarding Recovery of Attorneys Fees

James W. Penland, Attorney at Law, Atlanta

PANEL ON FRIVOLOUS APPEAL PENALTIES UNDER GEORGIA COURT OF APPEALS RULE 15(b)

  • Provisions of Rule 15(b)
  • Elements of a Frivolous Appeal
    • Absence of Supporting Law
    • Failure to Provide Record or Transcript on Appeal
    • Failure to Cite Facts or Legal Authority or Make Argument
    • Misrepresentation of Facts or Law
    • Obvious Use of Delaying Tactics
  • Changes Over Time in Application of the Rule
  • When and Why the Rule is Applied

Moderator:
Hon. Sara L. Doyle, Chief Judge, Court of Appeals of Georgia, Atlanta

Panel:
Hon. Anne Elizabeth Barnes, Presiding Judge, Court of Appeals of Georgia, Atlanta
Hon. William M. Ray II, Judge, Court of Appeals of Georgia, Atlanta
Hon. Carla Wong McMillian, Judge, Court of Appeals of Georgia, Atlanta

DEALING WITH THE ABUSIVE SOB LITIGATOR ETHICALLY AND PROFESSIONALLY

  • Related Ethics and Professionalism Issues as to Abusive Litigation Claims
  • Questions and Answers

Hon. Roy E. Barnes, Former Georgia Governor; Barnes Law Group, Marietta

LEGISLATIVE CHANGES AND TECHNICAL DEFENSES

  • Overview and Examination of Any Legislation Relating to OCGA §9-15-14 and OCGA §51-7-80, et seq.
  • Technical Defenses:
    • Defenses to Frivolous Litigation Claims Withdrawal, Good Faith, Substantial Justification
    • Proper Notice Issues
    • Statute of Limitations Issues
    • Second Opinion Issues and Defenses

Keith Allen Pittman, Lamar, Archer & Cofrin, LLP, Atlanta
Andrew Wood Eaton, Lewis Brisbois Bisgaard & Smith LLP, Atlanta

PROVING ATTORNEY’S FEES AND DEFENDING CLAIMS AND GRIEVANCES
Brian R. Smith, The Smith Law Practice, Atlanta

FEE SHIFTING UNDER THE RULES OF CIVIL PROCEDURE

  • Fed. R. Civ. P. 11 and Sanctions
  • Fed. R. Civ. P. 68 and Offers of Judgment
  • OCGA §9-11-68 and Offers of Settlement
  • Other Rules

Thomas A. Eaton, J. Alton Hosch Professor of Law Emeritus, University of Georgia Law School, Athens
Hugh C. Wood, Wood & Meredith, LLP, Tucker

PERSPECTIVES OF OCGA §9-15-14 AND OCGA §51-7-80, ET SEQ.: ACTIONS FROM THE TRIAL BENCH; THE OCGA §9-15-14 EVIDENTIARY HEARING; LIMITS OF TRIAL COURT JURISDICTION
Hon. Christopher S. Brasher, Judge, Superior Court, Atlanta Judicial Circuit, Atlanta