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Georgia
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March 17, 2025
Georgia Governor Fills State Bench Vacancies
Georgia Gov. Brian Kemp has appointed several judges to fill state vacancies, including one by a recently deceased judge who helped advise the state's supreme court on judicial pay.
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March 17, 2025
High Value Dubious In $23M Easement Dispute, 11th Circ. Told
A partnership that claimed a $23 million tax deduction for a conservation easement donation failed to consider the lack of market demand for a potential quarry it used to justify the land's high value, the U.S. government told the Eleventh Circuit.
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March 14, 2025
11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales
Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
Ga. Panel Says COVID-Era Legal Shield Blocks Amputee's Suit
A divided Georgia Court of Appeals on Friday said a trial court should have dismissed a wrongful amputation suit against a Marietta hospital, holding that the patient who lost his right leg after being admitted for COVID-19 symptoms could not beat the legal immunity granted to the hospital by a pandemic-era state law.
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March 14, 2025
Ford Bronco TM Suit Looks Under Hood Of Vintage Market
Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.
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March 14, 2025
Justices Told 11th Circ.'s FTCA Ruling Is 'Upside-Down'
An Eleventh Circuit decision that scuttled a Georgia family's lawsuit after they were subjected to a botched no-knock raid by the FBI turned "upside-down" the intent of the Constitution's supremacy clause and "would nullify" the Federal Tort Claims Act, advocacy group Public Citizen told the U.S. Supreme Court Friday.
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March 14, 2025
LG Unit Must Face Ga. Jury Over Exploding Battery Claims
LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.
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March 14, 2025
Home Depot Nixes 3rd Lynk Labs Patent Claim At Fed. Circ.
Home Depot U.S.A. Inc. persuaded Federal Circuit judges on Friday to override the Patent Trial and Appeal Board and throw out another claim in a patent issued to a late 1990s tech developer that later pivoted to LED lights.
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March 14, 2025
Docks Corp. Asks Justices To Revive Fla. Cruise Line Lawsuit
A Kentucky-based docks corporation has urged the U.S. Supreme Court to reverse a split Eleventh Circuit decision overturning a $440 million judgment against several cruise companies for allegedly "trafficking" its property seized by the Cuban government, arguing the ruling harms U.S. foreign policy toward the country's communist regime.
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March 14, 2025
11th Circ. Upholds Toss Of Avian Orgs.' Bid To Import Parrots
The Eleventh Circuit on Friday affirmed a judgment against two exotic bird nonprofits trying to get approval to import two parrot species, ruling that the Wild Bird Conservation Act does not allow for a carveout of only captive-bred parrot species from certain countries.
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March 13, 2025
Trump Asks Justices To Limit Pauses Of Birthright Order
President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.
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March 13, 2025
Bike Parts Maker Fox Factory Beats Post-COVID Investor Suit
Georgia bicycle parts maker Fox Factory Holding Corp. no longer faces a proposed investor class action accusing the company of hurting investors by hiding slumping demand, although a federal judge offered the investor who brought the suit a chance to revise his claims.
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March 13, 2025
Ga. Judge Slams 'Meaningless' Reading Of Open Records Act
A Georgia appellate judge took his colleagues to task Thursday for not backing a local newspaper publisher's effort to force a city to hand over its police records, writing that a majority opinion that declined to fully resolve the dispute "substitute[s] our policy preferences for the policy choices of the legislature."
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March 13, 2025
Ga. Court Nixes Reinstatement Of Officer Who Beat Jail Inmate
The Georgia Court of Appeals has reversed a trial court decision that reinstated to his job a former Athens-Clarke County police officer who was found to have beaten a person incarcerated in county jail, ruling there was enough evidence to justify the officer's firing for the assault.
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March 13, 2025
Home Chef, Staffing Co. Sued Over Harassment Firing
A staffing agency and Relish Labs LLC, the legal entity behind meal kit delivery service Home Chef, have been sued in Georgia federal court by a former employee who alleged she was fired after reporting sexual harassment she suffered at the hands of a co-worker.
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March 13, 2025
Flock Safety Lands $275M In Funding At $7.5B Valuation
Safety technology platform Flock Safety announced Thursday it achieved a $7.5 billion valuation after closing its most recent funding round with $275 million in tow.
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March 13, 2025
Payroll Co. Accuses Ex-Managers Of Driving 'Mass Defection'
A Georgia-based payroll software company has sued three former managers and the rival company that the ex-employees allegedly conspired to engineer a "mass defection" of workers to last year.
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March 13, 2025
After Court Loss, DA Willis To Turn Over Trump Probe Docs
Fulton County District Attorney Fani Willis has told a Georgia state court that she will respond to the subpoenas from a state Senate committee investigating whether her personal relationship with a special prosecutor amounted to misconduct in her prosecution of President Donald Trump in an election interference case after previously losing her bid to quash the subpoenas.
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March 13, 2025
DOL Board Revives H-2B Bid For Hyundai EV Plant
A U.S. Department of Labor appeals board revived a company's application to hire 120 H-2B workers to install an automated guided vehicle system at a Hyundai electric vehicle plant, saying the agency failed to adequately raise or justify its concerns.
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March 12, 2025
11th Circ. Won't Revive Trans Kid's Parents' Suit Against School
Two Eleventh Circuit judges faced off on the merits of the substantive due process test Wednesday in a lengthy ruling that declined to revive a suit claiming school officials violated parents' rights when they allowed a teenager to express their gender identity at school.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
Auto Lender, Repo Co. Sued Over Would-Be Jeep Grab
A Georgia couple hit their auto lender and a repossession company with a lawsuit Tuesday alleging that they were ambushed in a parking lot and terrorized by a gun-toting repo man, leaving one of them hospitalized with an anxiety attack.
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March 12, 2025
'Negligent' Delta Flight Crew Caused Crash Landing, Suit Says
Delta Air Lines has been hit with another round of federal lawsuits over the "devastating crash" in Toronto in which its plane flipped upside down and caught fire, with passengers from Texas and Minnesota blaming the incident on the "negligence and recklessness" of the flight crew.
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March 12, 2025
Ga. City Faces $35M Suit Over Recycling Plant Flip-Flop
An Atlanta-based concrete recycling business has sued the city of Stonecrest, Georgia, its mayor and city council members in federal court Tuesday for $35 million, alleging political flip-flopping by officials is costing it and a landowner approximately $640,000 per month while its facility sits idle.
Expert Analysis
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.