Workers Compensation Lien. A workers compensation provider may not claim a lien on, e.g., the employee's wage loss recovery from a third person unless the recovery exceeds the amount of benefits paid, but may assert a lien against medical expenses recovered (less the attorney's lien), and may not assert a lien upon a recovery for non-economic losses such as pain and suffering. Hammond v. Lee, 244 Ga. App. 865 (2000).
Fraud - RICO. Although a merger clause in a contract may defeat a common law action for fraud, it is no defense to a civil RICO action alleging criminal theft by deception as a predicate act. Willis v. First Data Pos, Inc., 245 Ga. App. 121 (2000).
Legal Malpractice. A lawyer may be liable for recommending that a client place money with a third party financial services institution without first verifying the identity, credentials, or trustworthiness of the institution, even if the institution later criminally converts the money. Williamson v. Abellera, 245 Ga. App.312 (2000).
Attorneys Fees - Pleading. Attorney's fees under OCGA 13-6-11 must be specifically pled, and the pleading fails unless it mentions the statute or the criteria contained in it. Dept. of Transp. v. Georgia Television Co., 244 Ga. App. 750 (2000).
Remittitur. An order denying a new trial contingent upon the plaintiff's accepting a reduced award under OCGA 51-12-12 is not a final, appealable order. If the reduction is accepted, trial courts should enter a final order documenting the party's acceptance of the reduction. Three Crowns Antiques, Ltd. v. Jerrell, 244 Ga. App. 456 (2000).