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Georgia
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March 18, 2024
Barnes & Thornburg Lands Morris Manning Bankruptcy Team
Barnes & Thornburg LLP picked up a former Morris Manning & Martin LLP bankruptcy group in Atlanta, the firm announced Monday.
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March 18, 2024
Bookseller Says Ga. Jail's Book Policy Is Unconstitutional
A Georgia bookseller filed a federal lawsuit Friday accusing an Atlanta-area sheriff of imposing an unlawful policy that only allows books into the county jail from "authorized retailers" under the guise of security concerns, alleging the practice is arbitrary, subjective, and an "unconstitutional permitting scheme."
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March 18, 2024
Doctors Keep Win In Suit Over Patient's Drowning Death
A Georgia appeals court won't revive claims from the parents of a man who died by drowning after he was discharged from an Augusta hospital, saying the death is too far removed from his treatment and discharge, and the court can only speculate as to what led to the death.
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March 15, 2024
Trump Case DA Won DQ Battle, But Legal War Far From Over
The resignation of Fulton County District Attorney Fani Willis' former romantic partner and top lieutenant in the election interference case against former President Donald Trump and others will not end the legal wrangling or intense scrutiny over Willis' presence in the high-profile case, experts told Law360.
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March 15, 2024
Atlanta Police Taser Trial Ends In Late Night Mistrial
A four-day Georgia federal trial over allegations that a former Atlanta Police Department officer Tasered a woman while she was handcuffed during a traffic stop ended in a mistrial late Friday night with the trial's eight jurors unable to agree on a verdict.
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March 15, 2024
Perdue Beats Back Chicken Farmers' OT Collective Cert. Bid
A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.
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March 15, 2024
Ga. Juror's Google Search Sinks Child Cruelty Conviction
A Georgia court of appeals threw out in part a man's conviction in a sexual battery and cruelty to children case after a juror looked up the charges on Google during re-deliberation, finding Friday that he is entitled to a new trial on one of the seven counts against him.
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March 15, 2024
NCAA Trans Policies Attacked By Female Student-Athletes
A group of female college athletes have attacked the National Collegiate Athletic Association's transgender policies, alleging that the group violated their civil rights to retain its control over monetized college sports, according to a proposed class action filed in Georgia federal court.
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March 15, 2024
Alston & Bird, Ex-Employee File Deal After Contempt Threat
Alston & Bird LLP and its former diversity and inclusion administrator have presented their proposed $55,000 settlement in Georgia federal court concerning unpaid overtime claims, after a judge ordered them to appear in court to explain why they hadn't already filed one.
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March 15, 2024
Wade Resigns From Ga. Election Case After Judge's Ultimatum
Special prosecutor Nathan Wade resigned Friday from the Georgia election interference case against former President Donald Trump and his co-defendants, hours after a judge ruled that either he or Fulton County District Attorney Fani T. Willis must do so in order for the case to move forward.
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March 14, 2024
Life Became 'Pointless' After Handcuffed Tasering, Jury Hears
A woman who says she was Tasered while handcuffed by a former Atlanta Police Department officer told jurors Thursday that the trauma of the 2018 incident had, in the intervening years, shattered her career, her relationships with her friends and family, and her sense of self.
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March 14, 2024
No New Trial In $22M Death Case, Georgia Court Says
The Georgia Court of Appeals on Wednesday said a trial court rightly refused to grant an off-road adventure park's motions for directed verdict and new trial in a case in which a jury awarded $22 million to the wife of a man who died while riding his dirt bike on a park trail.
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March 14, 2024
Trump Can't Duck Classified Doc Charges Over Vagueness
The Florida federal judge overseeing the criminal prosecution of former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate denied his bid Thursday to toss the indictment based on the "unconstitutional vagueness" of the Espionage Act, opting instead to punt the issue to later in the case.
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March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
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March 14, 2024
Ex-Mechanic, Trucking Co. Reach Deal In OT Suit
A former employee and a transportation company told a Georgia federal judge they have reached a deal to end the worker's lawsuit alleging he was misclassified as an independent contractor and shorted overtime wages, saying he will recover all of his missing pay under the settlement.
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March 14, 2024
Sanctions Order Tossed In Ga. Convenience Store Attack Suit
A Georgia appeals court has vacated sanctions and a default judgment against Golden Pantry Food Stores Inc. in a suit over an attack that happened at one of its stores, saying the trial court used the wrong standard when it found the store destroyed relevant video evidence.
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March 14, 2024
Security Guards Score $132K Win In Drawn-Out Wage Suit
A Georgia security company must pay nearly $132,000 to four guards for years of unpaid overtime wages and retaliation after the company failed for years to respond to its workers' class action according to a Peach State federal judge's ruling.
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March 14, 2024
Appeals Court Frees Atlanta Theme Park From Injury Suit
The Georgia Court of Appeals on Thursday said a trial court should have freed an Atlanta-based theme park from negligence claims levied against it by a man who was injured when another patron crashed into the back of his go-kart.
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March 14, 2024
Ex-Drew Eckl Attys' Arbitration Fight To Get Appellate Review
The Georgia Court of Appeals agreed Thursday to take up a bid from former Drew Eckl & Farnham LLP partners who say that the firm they helped co-found, Burke Moore Law Group LLP, should not be beholden to arbitration with Drew Eckl in a fees dispute because of agreements they signed.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
EPA Slashes Ethylene Oxide Emissions Levels For Sterilizers
The U.S. Environmental Protection Agency on Thursday finalized new Clean Air Act standards that it said will reduce emissions of ethylene oxide from commercial sterilization facilities by 90%, an action the agency said is necessary to help reduce the impact of the carcinogen on communities.
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March 13, 2024
Probe Found Woman 'Likely' Tasered By Ex-Atlanta Cop
An Atlanta Police Department internal affairs investigator found that a former officer "more than likely" tasered a woman during a 2018 traffic stop at the heart of a federal civil rights lawsuit, according to testimony from the investigating officer presented in a jury trial Wednesday.
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March 13, 2024
Ex-Alston & Bird Aide Should Arbitrate Vax Suit, Judge Says
A former Alston & Bird LLP aide fired for refusing to get vaccinated against COVID-19 should have to take her discrimination claims against the firm to arbitration, a Georgia magistrate judge recommended Wednesday.
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March 13, 2024
Womble Bond Adds Parker Hudson Corporate Pros In Atlanta
Womble Bond Dickinson has strengthened its corporate capabilities by adding two former Parker Hudson Rainer & Dobbs LLP attorneys in Atlanta, including a former Womble Bond partner who is returning to the firm.
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March 13, 2024
Walmart Loses Bid To Reduce Ga. $300K Slip-And-Fall Verdict
A Georgia Court of Appeals panel has rejected Walmart's attempt to cut three-quarters of a $300,000 award to a customer who was seriously injured after slipping in one of its stores, ruling new information that surfaced during litigation overrode a federal order limiting damage recovery in the case.
Expert Analysis
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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11th Circ. Ruling Widens Path To Arbitral Award Vacatur
The Eleventh Circuit’s recent decision in Corporación AIC v. Hidroeléctrica — which held that the grounds for vacating an arbitral award are set in domestic law — brings the circuit in line with other courts of appeals and is an important decision for a number of reasons, says David Zaslowsky at Baker McKenzie.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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9th Circ. Contractor Vax Ruling Widens Presidential Authority
In reversing an injunction against President Joe Biden's federal contractor vaccine mandate, the Ninth Circuit creates a circuit split on presidential authority, and breathes new life into the administration's attempts to implement government contract policies that are unlikely to pass in Congress, says Richard Arnholt at Bass Berry.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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The Power Of Product Warranties In TM Suits Over Resales
In recent cases, trademark owners have successfully used product warranty coverage as a material difference exception to defeat unauthorized resellers who claim they are protected by the first sale doctrine — but the application of the exception may be less clear than courts assume, say Leigh Taggart and David Roulo at Honigman.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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5 Tips For Filing Gov't Notices After Insurance Producer M&A
As insurance producer acquisition activity picks up in 2023, requiring a daunting process of notifying information changes to each Department of Insurance where the entity is licensed, certain best practices will help buyers alleviate frustration and avoid administrative actions and fines, say attorneys at Foley & Lardner.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.