Georgia

  • June 30, 2022

    Big Tech Common Carrier Fight Teed Up With Justices In Sight

    The stage may be set for a landmark First Amendment ruling tailored for the digital age after the Eleventh Circuit paused its recent order partially blocking a Florida law that prohibits social media companies from blocking political candidates.

  • June 30, 2022

    SPLC Objections To ICE Facility Report Found 'Unconvincing'

    A D.C. federal judge on Thursday denied the Southern Poverty Law Center's bid to reject a court-appointed monitor report on U.S. Immigration and Customs Enforcement's compliance with an order to improve detainee attorney access, saying the monitor's findings were sufficient.

  • June 30, 2022

    Greenberg Leads Invesco On $70M Loan For Ohio Property

    Greenberg Traurig LLP represented Invesco unit Midwest Industrial Agler Road Owner on a $70 million loan from Prudential Insurance Co. of America for the purchase of an industrial property in Columbus, Ohio, where Frito-Lay is currently a tenant, according to records made public Thursday.

  • June 30, 2022

    DC Circ. Keeps GOP's Calif. Vehicle Authority Appeal Paused

    The D.C. Circuit extended a pause in an appeal argued by Republican-led states over whether California has the authority to craft its own vehicle greenhouse gas emissions standards, deciding Wednesday to wait until related litigation gets decided.

  • June 30, 2022

    Delta To Pay $10.5M To End False Int'l Deliveries Claims

    Delta Air Lines Inc. has agreed to pay $10.5 million to resolve allegations it defrauded the U.S. Postal Service by falsely reporting delivery times for international mail it transported, the U.S. Department of Justice said Thursday.

  • June 30, 2022

    Ga. Court Lifts Contempt For Atty Who Refused Judge's Order

    The Georgia Court of Appeals on Thursday reversed a state judge's criminal contempt ruling against an attorney who refused to hand over a notebook to him, saying the attorney was never given a chance to defend himself.

  • June 30, 2022

    Ex-Ga. Judge Can't Avoid Computer Hacking Charges

    A former Georgia state judge must face criminal computer hacking charges because her contention that they constitute impermissible double jeopardy was raised too late, the Georgia Court of Appeals held Thursday.

  • June 30, 2022

    11th Circ. Affirms Munich's Win In Reinsurance Dispute

    Munich Reinsurance America Inc. has no duty to reimburse a Florida intergovernmental risk management company for its coverage of an insured in an underlying suit, the Eleventh Circuit affirmed after refusing to apply a follow-the-fortunes clause that did not appear in the parties' reinsurance agreement.

  • June 30, 2022

    Ga. Justices Nix Ex-Fisher Phillips Atty's Murder Conviction

    A former Fisher Phillips partner's murder conviction and life sentence over his wife's shooting death was overturned Thursday by the Georgia Supreme Court.

  • June 29, 2022

    5th Circ. Denies Texas Co.'s New Take In Manager Visa Suit

    The Fifth Circuit said a Texas company could not present fresh arguments when it affirmed a lower court decision finding that the U.S. Citizenship and Immigration Services was right to deny the company's employment-based visa application for an employee.

  • June 29, 2022

    Chick-Fil-A Branch Wrongly Fired Harassed Worker, Suit Says

    An Atlanta-area Chick-Fil-A franchise allegedly fired a transgender worker after she complained about a co-worker hitting on her, with the worker saying in her complaint the franchise owner told her she should be honored that "being a transgender woman, that someone liked her enough to hit on."

  • June 29, 2022

    Ga. Panel Says Insurer Not Liable For Boat Crash Coverage

    Cincinnati Insurance Co. has no obligation to pay benefits to a policyholder who was injured in a boat crash, a Georgia appeals panel affirmed Wednesday, finding that a statute regarding uninsured motorist coverage does not apply to watercraft.

  • June 29, 2022

    Real Estate Rumors: Dependable Equities, Thor, Lennar

    Dependable Equities has reportedly paid $22.9 million for a Florida development site, Thor Equities is said to have bought 11 industrial properties in Georgia, and Lennar is reportedly seeking to build 46 townhomes in South Florida.

  • June 29, 2022

    16 States Ask 1st Circ. To Redo Rhode Island Climate Case

    Sixteen Republican-led states are backing oil companies in their bid to convince the First Circuit to reconsider a jurisdictional dispute in Rhode Island's suit over climate change impacts, arguing the underlying crisis is global and shouldn't be litigated in state court.

  • June 29, 2022

    11th Circ. Ends Ex-Cop's Case Over Flying Confederate Flag

    The Eleventh Circuit said Wednesday a former Roswell sergeant can't sue the city, its police chief or the city administrator for firing her after she flew a Confederate battle flag at her home while her police cruiser was parked outside.

  • June 29, 2022

    11th Circ. Says Nationwide Unit Not Liable For Late Claim

    The Eleventh Circuit refused to revive a Georgia retail building owner's suit against Scottsdale Insurance Co. on Wednesday, finding the company waited too long to file its claim after a September 2017 storm damaged its property.

  • June 29, 2022

    Trucking Co. Says Insurer Must Pay $22M Accident Award

    A Tennessee-based trucking company told a Georgia federal court that its insurer is on the hook for a $21.6 million judgment awarded in an underlying suit over catastrophic injuries caused by an employee, saying the insurer put its own financial interests above the interests of its insured.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    11th Circ. Reverses Amazon's Win In Porn Biz Trademark Suit

    Amazon must face a jury trial over claims that its Fire TV video streaming device violates the trademark rights of the owner of porn streaming service FyreTV, the Eleventh Circuit ruled in a published opinion Tuesday.

  • June 28, 2022

    Split 11th Circ. Revives Bad-Faith Dispute On $12M Judgment

    A Florida federal court erred in a motorcycle crash victim's bad-faith suit seeking to collect a $12.6 million judgment from the at-fault driver's insurer when it failed to instruct the jury that an insurer not only has a duty to settle claims for its insured, but also to properly advise them, the Eleventh Circuit ruled Tuesday.

  • June 28, 2022

    11th Circ. Upholds VA's Defeat Of Doctor's Age Bias Suit

    The Eleventh Circuit said Tuesday it won't reopen a doctor's suit alleging that he didn't receive a position with the U.S. Department of Veterans Affairs because of his age, gender and prior employment dispute, ruling he hadn't demonstrated these factors played a part in the VA's decision.

  • June 28, 2022

    11th Circ. Gives Doctor's Spouse Another Shot At ERISA Suit

    The Eleventh Circuit tackled an issue of first impression Tuesday, allowing a Florida doctor's surviving spouse to sue for lost benefits under the Employee Retirement Income Security Act after a health care company allegedly botched his enrollment in a supplemental life insurance plan.

  • June 28, 2022

    Daikin Can't Take Bid To End PFAS Claims To Ga. Justices

    A Georgia federal judge has rejected Daikin America Inc.'s bid to ask the state's Supreme Court or the Eleventh Circuit to weigh in on whether it and other manufacturers of per- and polyfluoroalkyl substances could be held liable for water pollution in Georgia.

  • June 28, 2022

    Ga. Panel Revives T-Mobile's $11M Equipment Tax Refund Bid

    The Georgia Court of Appeals vacated a trial court's decision Tuesday that wiped out a roughly $11 million sales tax refund for T-Mobile, saying the court applied the wrong standard of review in finding certain broadband network equipment taxable.

  • June 28, 2022

    Atlanta Hotel Asks 11th Circ. To Revive Mold Damage Claim

    The owner of an Atlanta Hilton hotel asked the Eleventh Circuit to revive its $20 million water and mold damage suit against Affiliated FM Insurance Co., arguing a Georgia federal court did not consider the actual language of the hotel's "all-risk" insurance policy when it tossed the case.

Expert Analysis

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • High Court's Opioid Ruling Shows Limits Of CSA's Reach

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    The U.S. Supreme Court's decision in Ruan v. U.S., demanding rock-solid proof of intentional impropriety to convict a prescriber under the Controlled Substances Act, provides reassurance to opioid prescribers, but the U.S. Department of Justice is unlikely to back down on CSA prosecutions, say Janelle Pelli and Michelle Peirce at Hinckley Allen.

  • High Court's Medicaid Ruling Brings Questions, Not Answers

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    Due to ambiguity in the U.S. Supreme Court's ruling in Gallardo v. Marstiller and an outright mistake in the parties' briefs incorporated into the dissent, it remains unclear whether Medicaid and Medicare can recover past and future medical expenses from settlements, judgments and awards, say David Farber and Arlene Hennessey at King & Spalding.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Understanding Georgia's New Worker Classification Law

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    A Georgia law taking effect next month amends the definition of employment for unemployment compensation purposes and may benefit certain technology companies, including ride-sharing and delivery services — as long as their independent contractor arrangements comply with the statute’s requirements, say Meredith Caiafa and Kelli Church at Morris Manning.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Despite Carbon Cost Win, Biden Climate Plans Still At Risk

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    The U.S. Supreme Court's recent refusal to take up a group of states' challenge to the Biden administration's social cost of carbon metric is a White House victory — but with the court mulling another case concerning the government's authority to regulate greenhouse gas emissions under the Clean Air Act, Biden's climate agenda still faces obstacles, say attorneys at WilmerHale.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • Ch. 11 Trustee Fee Ruling Leaves Remedy Challenges

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    The U.S. Supreme Court’s unanimous decision this week in Siegel v. Fitzgerald concerning quarterly fees payable by Chapter 11 debtors to fund the U.S. Trustee Program offloads the determination of remedies to the courts below, raising questions such as whether there is a sound legal basis for foisting fees onto North Carolina and Alabama, says Sasha Gurvitz at KTBS.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.

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