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Georgia
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April 03, 2024
Special Counsel Tells Judge Cannon To Rule On PRA Issue
The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.
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April 02, 2024
Ga. Judge Tosses Ex-Police Chief's Retaliation Suit
A Georgia federal judge has freed the city of Austell from a lawsuit brought against it by its former police chief, who alleged that he was forced out of his job after three years of raising concerns about the safety of department facilities.
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April 02, 2024
CSX Denies Liability In Backroads Bridge Crash Suit
Freight railway giant CSX on Monday denied wrongdoing and insisted it can't be held liable for the injuries of two women who blamed the company's shoddy upkeep of a backroads bridge for a 2022 car crash.
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April 02, 2024
11th Circ. Sends OpenAI Fee Fight Back To District Court
The Eleventh Circuit vacated a Georgia federal judge's decision not to dock OpenAI attorney fees for attempting to remove a Georgia radio host's defamation suit to federal court, saying the judge should have but did not adequately explain the reasons for the denial.
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April 02, 2024
Boston Bomber Case Offers Clues For Trump Jury Selection
A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.
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April 02, 2024
Ex-Trustees Urge Ga. High Court To Take On Legal Fee Spat
Former trustees of a furniture tycoon's trust have asked the Georgia Supreme Court to rule that the trust has a duty to defend them against claims from the trust beneficiaries, arguing that this "appeal has implications for every indemnitee/insured" in the state.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 02, 2024
Ga. Children's Hospital Accused Of Mining Patient Data
A major Georgia pediatric healthcare system has been using web data trackers to illegally transmit confidential patient data to Facebook and other companies to boost its bottom line, according to a proposed class action filed in the Peach State on Tuesday.
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April 01, 2024
Trump's Gag Order Expands Over 'Attacks' On Judge's Family
Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.
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April 01, 2024
Ga. Judicial Watchdog Wants Probate Judge Off The Bench
A three-member panel of Georgia's Judicial Qualifications Commission has recommended a Douglas County probate judge be removed from the bench following accusations that she violated the state's Code of Judicial Conduct on social media and jailed a woman seeking to amend her marriage record.
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April 01, 2024
Transgender Woman's Healthcare Bias Case Teed Up For Trial
A Georgia federal judge has said a behavioral health facility cannot escape claims brought against it by a transgender woman who alleges she was mocked and denied critical treatment during a stay there in 2019, teeing up the case to head to a jury trial.
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April 01, 2024
Optical Co. Beats Investor Suit Over Pandemic Staffing Levels
A Georgia federal judge has permanently tossed an investor suit accusing National Vision of failing to disclose issues with its staffing levels during the pandemic, saying the investors did not adequately plead that any of the challenged statements allegedly made by the optical company were false or misleading.
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April 01, 2024
Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads
After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.
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April 01, 2024
SmartRent Workers Get Class Cert. In Unpaid OT Row
A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.
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April 01, 2024
Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit
The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.
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April 01, 2024
Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.
An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.
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April 01, 2024
Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction
A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.
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April 01, 2024
Trump Urges 11th Circ. To Revive $475M CNN Defamation Suit
Donald Trump has asked the Eleventh Circuit to revive a $475 million defamation lawsuit the former president filed against CNN, alleging the network spent years "wrongfully Hitlerizing" him by calling his challenges to the 2020 election results his "Big Lie."
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April 01, 2024
Fennemore Craig Adds 80 Legal Pros From Moye White
Fennemore Craig PC said Monday it will add about 80 lawyers and legal professionals to its Denver office later this month from Moye White LLP — its fourth mass lateral hiring spree of 2024.
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April 01, 2024
With Suit, NJ City Looks To Clear The Air About Cops' Pot Use
A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
Argentine Gunmaker Accused of Hiding Light Trigger Defect
An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.
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March 29, 2024
Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment
An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.
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March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause
A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
Expert Analysis
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Hollywood Labor Negotiations Provide AI Road Map
Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.