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Georgia
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November 22, 2024
Norfolk Southern Says Artist's Timeline Doesn't Add Up
Norfolk Southern said it should still get an early win over an artist who sued the company for allegedly covering over murals on a railroad bridge, even after a federal magistrate found the sham affidavit doctrine didn't apply when the artist changed his story during depositions spanning two lawsuits.
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November 22, 2024
Federal Circuit Backs Philip Morris' Electronic Pipe IP Win
The Federal Circuit on Friday refused to revive claims in an electronic pipe patent that was challenged by Philip Morris, backing a Patent Trial and Appeal Board finding that language in the patent could be found in older patent paperwork.
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November 22, 2024
Gaetz, Greene Face Atty Fees Bid For $550,000 In Calif. Suit
Progressive groups including the NAACP are seeking more than $550,000 in attorney fees and costs from U.S. Rep. Marjorie Taylor Greene and former Rep. Matt Gaetz after escaping their lawsuit alleging that the organizations conspired to pressure city officials in California to cancel the politicians' rallies.
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November 22, 2024
Ga. Roofer Drops Unpaid Contracting Suit Involving Insurer
A Savannah, Georgia, roofing company agreed to drop its suit accusing a government contractor and an insurer of not paying for about $352,000 of labor and materials it contributed to a construction project at a U.S. Army base.
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November 22, 2024
Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit
A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.
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November 22, 2024
Red States Can't Ax DOL Farmworker Rule, Orgs Say
Three organizations threw their support behind the U.S. Department of Labor's new protections for foreign H-2A farmworkers, telling a Georgia federal court that conservative-led states' efforts to obliterate the entire rule must fail because several unchallenged provisions are key to ensuring workers aren't exploited.
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November 21, 2024
Fla. Insurance Broker Pleads Guilty To Defrauding Ga. Bank
A Florida insurance broker has pled guilty to bank fraud for defrauding a Georgia bank out of $6 million through loans to commercial borrowers for insurance premiums.
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November 21, 2024
Ga. Attys' Easement Fraud Class Suit Shipped To State Court
A Georgia federal judge kicked back to state court a proposed class action accusing conservation easement fund organizers of racketeering and defrauding investors, saying the organizers failed to prove that the proposed class had at least 100 investors or that the case hinged on federal law.
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November 21, 2024
11th Circ. Says Fla. Law Bars Workers' Comp Suit
The Eleventh Circuit backed the dismissal of a worker's suit claiming a chemical company didn't do enough to shield him from particles that caused a lung condition, ruling that a Florida workers' compensation law blocks him from pursuing the company in court for negligence.
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November 21, 2024
Nominees For New Ga. Judgeship Have Giving Back In Mind
The two candidates up for a newly created seat on the state court bench in Paulding County told Law360 on Thursday they are excited about the possibility of giving back to their community through judicial work.
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November 21, 2024
Newell Brands Wants Baby Bottle Microplastics Suit Tossed
Newell Brands Inc. moved Wednesday to dismiss a lawsuit accusing it of misleading buyers by labeling its Nuk brand of baby bottles as BPA-free while failing to disclose the products leach microplastics when heated, saying the label is "objectively truthful."
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November 21, 2024
Ex-Congressman And Other Judicial Nominees Advance
Judicial nominees for U.S. district courts in New York, New Mexico, Georgia and Pennsylvania were sent to the full Senate on Thursday, after being approved by the Senate Judiciary Committee, all along party lines.
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November 21, 2024
Defamation Suit Against Ga. Election Chief Likely To Proceed
A federal judge said Thursday that she was likely to allow a Texas attorney to continue with her defamation suit against Georgia Secretary of State Brad Raffensperger over comments that suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election.
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November 21, 2024
11th Circ. Asked To Rethink $100M Credit For John Hancock
The Eleventh Circuit should reverse its decision allowing John Hancock Life Insurance Co. to keep $100 million in foreign tax credits that rightfully belong to the company's investors, trustees of a retirement plan said in arguing that the court overlooked a key U.S. Treasury regulation.
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November 20, 2024
11th Circ. Says No Coverage For Holding Co. In $11.7M Row
The Eleventh Circuit unanimously affirmed Wednesday that an insurer doesn't have to cover underlying litigation against a holding company by investors who wanted to revoke an $11.7 million buy-in, because claims were made before the policy was active.
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November 20, 2024
Fla. Couple Ask To Revive Suit Over Unclaimed Property
A Florida couple asked the Eleventh Circuit Wednesday to revive their proposed class suit against the state's chief financial officer over a law that allows officials to hold unclaimed money indefinitely, arguing that it is a taking without just compensation because the state never pays interest on the amount held.
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November 20, 2024
Former Amazon Worker Says Flagging Bias Cost Him His Job
An Amazon.com unit fired a Black, gay executive assistant for complaining that he was unfairly passed over for promotions and belittled by a hostile supervisor, according to a lawsuit filed in Atlanta federal court.
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November 20, 2024
Ga. Judge Cuts Claims From Jail Book Policy Challenge
A Georgia federal judge Tuesday dismissed several claims in a bookstore's lawsuit alleging a Georgia sheriff and jail commander imposed an unlawful policy of only allowing books into the county jail from authorized retailers, only keeping alive claims against the two men in their official capacities.
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November 20, 2024
Delta Fired Worker For Reporting Race Bias, Suit Says
Delta Air Lines Inc. was sued Tuesday in Georgia federal court by a former Black employee who said he was given a verbal warning and then fired for reporting racial discrimination he and other Black workers faced in the workplace.
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November 20, 2024
Ga. Judge Asks 'What's Tortious?' About Talking Bad Loans
A Georgia federal judge appeared inclined Wednesday to hand an early win to a lender who seized two vintage cars from a reality TV personality after she missed her payments on a $300,000 loan, going so far as to suggest she might be better off finding an out-of-court solution to the dispute.
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November 20, 2024
Ex-Fla. Official Says Litigation Privilege Bars Defamation Suit
A former Florida banking regulator fired because of sexual harassment allegations told the Eleventh Circuit on Wednesday that a lawyer's defamation claims against him were barred by the litigation privilege because they are based entirely on claims made in a lawsuit.
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November 20, 2024
Georgia Justices Won't Consider DA's Bid To Escape Suit
A Georgia district attorney being sued over her policy to not prosecute low-level marijuana possession can't dodge the suit after the state's supreme court refused to take on the case, marking the latest blow to the DA who lost her reelection bid this month.
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November 20, 2024
US Chamber Backs Fla. City In ADA Retirement Benefits Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court to back the Eleventh Circuit's determination that federal disability law doesn't protect former employees from post-employment bias, arguing a former Florida firefighter is trying to stretch the statute beyond what Congress intended.
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November 20, 2024
Bill Aimed At Creating Ga.'s First National Park Moves Ahead
The U.S. Senate Committee on Energy and Natural Resources voted Tuesday to advance a bill that would establish Georgia's first national park, upgrading the ancestral home of the Muscogee (Creek) Nation of Oklahoma from its national monument status while also offering protections for Native American burial mounds.
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November 19, 2024
11th Circ. Urged To Revive Fla. Cancer Cluster Suit
Several Florida individuals diagnosed with cancer after exposure to soil that defense contractor Pratt & Whitney allegedly contaminated with radiation told the Eleventh Circuit Tuesday their claims shouldn't be barred by statute of limitations, saying a jury should determine what caused their illnesses.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Georgia's Foreign Lobbying Bill Is Not A FARA Copycat
Though a recently passed bill in Georgia aims to mirror the transparency goals of the federal Foreign Agents Registration Act by imposing state-specific disclosure requirements for foreign lobbyists, the legislation’s broad language and lack of exemptions could capture a wider swath of organizations, say attorneys at Holtzman Vogel.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Why Timely Gov't Contractor Registration Renewal Is Key
The U.S. Government Accountability Office's recent decision in TLS Joint Venture makes clear that a lapse in System for Award Management registration, no matter how brief, renders a government contractor ineligible for a negotiated procurement, so submit renewals with plenty of time to spare, say attorneys at Haynes Boone.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Contract Disputes Recap: Interpretation And Jurisdiction
Edward Arnold and Sarah Barney at Seyfarth examine three decisions by the U.S. Court of Federal Claims that show the importance of knowing who your contracting partner is, addressing patent ambiguities in a solicitation prior to award and keeping basic contract principles in mind when evaluating performance obligations.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.