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TEXT: Managers and the Legal Environment: Strategies for the 21^st Century, Constance E. Bagley

§ 51-12-5.1.  Punitive damages

   (a) As used in this Code section, the term "punitive damages" is synonymous with the terms "vindictive damages," "exemplary damages," and other descriptions of additional damages awarded because of aggravating circumstances in order to penalize, punish, or deter a defendant.

(b) Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.

(c) Punitive damages shall be awarded not as compensation to a plaintiff but solely to punish, penalize, or deter a defendant.

(d) (1) An award of punitive damages must be specifically prayed for in a complaint. In any case in which punitive damages are claimed, the trier of fact shall first resolve from the evidence produced at trial whether an award of punitive damages shall be made. This finding shall be made specially through an appropriate form of verdict, along with the other required findings.

   (2) If it is found that punitive damages are to be awarded, the trial shall immediately be recommenced in order to receive such evidence as is relevant to a decision regarding what amount of damages will be sufficient to deter, penalize, or punish the defendant in light of the circumstances of the case. It shall then be the duty of the trier of fact to set the amount to be awarded according to subsection (e), (f), or (g) of this Code section, as applicable.

(e) (1) In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount which may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission.

   (2) Seventy-five percent of any amounts awarded under this subsection as punitive damages, less a proportionate part of the costs of litigation, including reasonable attorney's fees, all as determined by the trial judge, shall be paid into the treasury of the state through the Office of Treasury and Fiscal Services. Upon issuance of judgment in such a case, the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the original case in securing a recovery after payment to the plaintiff of damages awarded other than as punitive damages. A judgment debtor may remit the state's proportional share of punitive damages to the clerk of the court in which the judgment was rendered. It shall be the duty of the clerk to pay over such amounts to the Office of Treasury and Fiscal Services within 60 days of receipt from the judgment debtor. This paragraph shall not be construed as making the state a party at interest and the sole right of the state is to the proceeds as provided in this paragraph.

(f) In a tort case in which the cause of action does not arise from product liability, if it is found that the defendant acted, or failed to act, with the specific intent to cause harm, or that the defendant acted or failed to act while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to that degree that his or her judgment is substantially impaired, there shall be no limitation regarding the amount which may be awarded as punitive damages against an active tort-feasor but such damages shall not be the liability of any defendant other than an active tort-feasor.

(g) For any tort action not provided for by subsection (e) or (f) of this Code section in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00.

(h) This Code section shall apply only to causes of action arising on or after April 14, 1997.

Does a "web presence" constitute "transacting business" for the purposes of conferring venue? Read Cyber Law Brief

McDonald's Hot Coffee - Ethics and Discovery

LEGAL RESEARCH CENTER
Lexis Legal Research (available from campus only)
Free Lexis off campus - cases from last 5 years (requires free registration - they do send occasional e-mails)

Found on the web (so it must be true)
> > > Arkansas: Seems this guy wanted some beer pretty badly. He decided > > > that he'd just throw a brick through a liquor store window, grab > > > some booze, and run. So he lifted the brick and heaved it over his head > > > at the window. The brick bounced back and hit the would-be thief on > > > the head, knocking him unconscious. It seems the liquor store window > > > was made of Flexi-Glass. The whole event was caught on videotape.

§ 51-5-4.  Slander defined; when special damage required; when damage inferred

   (a) Slander or oral defamation consists in:

   (1) Imputing to another a crime punishable by law;

   (2) Charging a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society;

   (3) Making charges against another in reference to his trade, office, or profession, calculated to injure him therein; or

   (4) Uttering any disparaging words productive of special damage which flows naturally therefrom.

(b) In the situation described in paragraph (4) of subsection (a) of this Code section, special damage is essential to support an action; in the situations described in paragraphs (1) through (3) of subsection (a) of this Code section, damage is inferred.

§ 51-5-1. Libel defined; publication prerequisite to recovery

(a) A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule.

(b) The publication of the libelous matter is essential to recovery.

Before going into or conducting business with someone, it's a good idea to do a county background check on individuals. It may even be worth hiring a private investigator to gather information. Here are some relevant links:

Sign up if you wish to be notified when sexual offender moves into neighborhood: http://mapsexoffenders.com/

GETTING FREE CREDIT REPORTS

Georgia law already allows two free reports a year.

The three major credit bureaus --- TransUnion, Experian and Atlanta-based Equifax --- have created a joint clearinghouse where consumers can get one free copy of their credit report per year. Georgians can get their free reports beginning June 1, 2005. Here's the Web site and contact information: www.annualcreditreport.com
Annual Credit Report Request Service
P.O. Box 105281
Atlanta, Ga. 30348-5281
1-877-322-8228

Georgia's credit-freeze law goes into effect Aug. 1, 2008

Bureaus can't charge more than $3 for service under state's measure

By PÉRALTE C. PAUL
The Atlanta Journal-Constitution
Published on: 05/20/08

As of Aug. 1, Georgia consumers will be able to "freeze" their credit files, essentially preventing peeks at their credit history without their permission.

The purpose is to keep would-be identity thieves from obtaining credit cards, mortgages and other types of loans in other people's names.

The process is not necessarily easy. It takes several clicks on the credit bureaus' Web sites to find the information on how to freeze files. And even then, TransUnion and Equifax require consumers to mail in their requests. Experian allows them to freeze their files online.

Equifax: 1-800-685-1111
Experian: 1-866 200 6020.
TransUnion: 1-800-916-8800

If you ever need to place a fraud alert

(you suspect someone has your SS#, etc.).

TransUnion
Fraud Victim Assistance Department
Phone: 800-680-7289
Fax: 714-447-6034
P.O. Box 6790
Fullerton, CA 92634-6790

Equifax
Consumer Fraud Division
Phone: 800-525-6285 or: 404-885-8000
Fax: 770-375-2821
P.O. Box 740241
Atlanta, GA 30374-0241

Experian
Experian's National Consumer Assistance
Phone: 888-397-3742
P.O. Box 2104
Allen, TX 75013

SPECIALTY BUREAUS
Other companies that collect specific types of information about you also are covered by the new law. Here is a partial list of specialty bureaus, what information they collect and how to contact them:
> C.L.U.E. Personal Property and C.L.U.E. Auto: Your insurance loss information. 1-866-312-8076.
> ChoicePoint Workplace Solutions: Your employment history. 1-866-312-8075.
> Resident Data Inc. Tenant History: Your tenant history. 1-877-448-5732.
> MIB Group: Medical records and nonmedical information that affects your health, such as an adverse driving record. 617-426-3660.
> ChexSystems: Your handling of checking and savings accounts. 1-800-428-9623.
> TeleCheck: Your check-writing history. 1-800-366-2425.

Case Number	02A12345-5
02	Year the case was filed (2002)
A	Type of Action (A=State Court Civil, B=Bad Check, C=Criminal, D=Dispossessory, G= Garnishment, M= Magistrate Civil, V=Abandoned Motor Vehicle, X= Stone Mountain Park)
12345	Case Number
5	Division Number (5=Judge Mathew Robins)