Litigation Process
This section focuses on the nuts and bolts of litigation — from discovery battles to depositions, protective orders, and trial practice. Drawing on real cases and filings, Daniel E. Holloway shares practical commentary for plaintiff lawyers navigating high-stakes litigation. Whether you’re handling medical malpractice, insurance bad faith, or another complex claim, these insights highlight strategies and pitfalls in the litigation process, with a focus on Georgia & South Dakota practice.
Discovery Battles and Protective Orders: Lessons for Plaintiff Lawyers
Defense counsel often misuse protective orders to block key depositions. This article explains why Georgia law presumes depositions are allowed, why “apex” arguments rarely apply, and how plaintiff lawyers can push back effectively.
Guardrails in Litigation: Building Habits that Protect Clients — Proof of Service of Process
Every litigator knows the broad strokes of civil procedure: file the complaint, serve the defendant, move the case forward. But the fine-grain details — the things that seem routine or ministerial — are often where cases turn. A recent Georgia Court of Appeals decision, Perry v. Pearson, shows how.
The Fifth Amendment and Civil Discovery: Why Blanket Stays Don’t Work in Georgia
Defendants sometimes try to invoke the Fifth Amendment to stop an entire civil case in its tracks. But Georgia law is clear: the privilege against self-incrimination must be asserted question by question. Blanket protective orders or case-wide stays are not allowed.