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Georgia
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July 02, 2024
Ga. City Comes Out On Top In T-Mobile Cell Tower Suit
The city of Columbus, Georgia, has come out on top in a legal battle with a wireless infrastructure builder who says that the city unfairly blocked its requests to build T-Mobile a cell tower, a conflict that also involved the local Shriners.
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July 02, 2024
Georgia Wants 11th Circ. To Undo Blocks On Election Law
The state of Georgia has urged the Eleventh Circuit to undo the enjoining of two provisions of the state's controversial 2021 election law, including a ban on handing out food and drinks to voters waiting in line that the state called a "prophylactic" against electoral interference.
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July 02, 2024
Marriott Loses Counterclaim In Delta's TM Suit
Delta Air Lines Inc. has won its fight against Marriott International Inc.'s claim that the airline breached an agreement over the use of "Delta Hotels," with a Georgia federal judge finding that the deal at issue applies only in Hong Kong and China.
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July 02, 2024
Ga. Parking Co. Stole Data To Send Fake Tickets, Fla Suit Says
A Florida resident has brought a proposed federal class action against a Georgia parking company for alleged privacy violations, saying his data was illegally obtained and used to send fake citations in a scheme to collect money under the threat that vehicles could be confiscated or credit ruined.
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July 02, 2024
Ga. Justices Say Atty Ethics Rules Only Apply To Legal Work
A Georgia lawyer did not violate attorney ethics rules when she allegedly mishandled trust funds since she was managing those funds only as a fiduciary and not as a lawyer, the Georgia Supreme Court ruled Tuesday.
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July 02, 2024
After Fischer, Judge Releases Atty Convicted In Jan. 6 Riot
A D.C. federal judge ordered the release of a Georgia attorney imprisoned for storming the U.S. Capitol on Jan. 6, 2021, saying his pending appeal would likely result in his freedom after the U.S. Supreme Court narrowed an obstruction of Congress law used to convict him and others involved in the assault.
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July 01, 2024
Red States Get Biden Admin's LNG Export Pause Halted
A Louisiana federal judge Monday stayed the Biden administration's pause on reviewing applications to export liquified natural gas to countries without free trade agreements, slamming the U.S. Department of Energy's decision as appearing to be "completely without reason or logic and is perhaps the epiphany of ideocracy."
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July 01, 2024
High Court Test Could Reshape Ga. Trump Case, Experts Say
The U.S. Supreme Court's ruling that former President Donald Trump is immune from prosecution for official acts will likely reshape the criminal case against him in Georgia, although Peach State courts will have to grapple with how to test which of his alleged actions were official.
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July 01, 2024
How Broad Immunity Could Upend Trump's 4 Criminal Cases
The U.S. Supreme Court's landmark decision Monday that presidential immunity shields Donald Trump from criminal charges connected to his official acts creates a "nearly impossible burden" for the special counsel prosecuting Trump in the historic federal election interference case and complicates his other criminal matters, experts say.
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July 01, 2024
Kilpatrick Taps First Woman Atty To Lead IP Group
Kilpatrick has elevated a longtime trademark partner based in Atlanta to lead its global intellectual property department, making her the first woman to lead the IP department.
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July 01, 2024
Herschel Walker Campaign Sues Media Firm Over Payments
The campaign for former NFL star Herschel Walker's losing U.S. Senate run in Georgia filed a lawsuit claiming a Texas-based media firm charged it inflated costs for ad buys and made improper payments to itself and a vendor it had a financial interest in.
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July 01, 2024
Ga. E-Commerce Law Blocked By Federal Statute, Judge Says
A Georgia federal judge on Sunday blocked new state-level regulations on e-commerce platforms from being enforced just a day before they were set to take effect, ruling that the Peach State's planned oversight conflicts with counterparts in federal law.
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July 01, 2024
Clothing Maker Delta Apparel Hits Ch. 11 With Sale Plans
Delta Apparel Inc., a Georgia-based clothes manufacturer, and six affiliates filed for Chapter 11 bankruptcy protection in Delaware with around $250 million in debt and plans to sell the lifestyle and clothes brand Salt Life while in bankruptcy.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Real Estate Recap: Camping Ban, Mobile Money, Post-Surfside
Catch up on this week's key developments by state from Law360 Real Estate Authority — including the U.S. Supreme Court's ruling on an Oregon town's anti-camping ordinance, government incentives for manufactured housing communities, and the progress states have made toward building safety in the three years since the tragic condo collapse in Surfside, Florida.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Parts Of Ga. Bond Law Blocked For Now Over 'Group' Meaning
A Georgia federal judge on Friday temporarily blocked certain provisions of a law set to take effect Monday that would make it illegal for people, charities and organizations to post more than three cash bonds in a year and require charitable bail funds to register as bonding agencies.
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June 28, 2024
E-Commerce Not Speech, Strictly Business, Ga. Tells Judge
Lawyers for the State of Georgia attempted to convince a Georgia federal judge Friday that new regulations on e-commerce platforms set to take effect Monday neither restrict the online platforms' speech, nor do they conflict with a comparable set of restrictions enacted by Congress last year.
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June 28, 2024
Insurer Says It Owes No Coverage In Hair Relaxer Litigation
As a beauty manufacturer faces allegations that its line of hair relaxers contain carcinogenic ingredients, Selective Way Insurance Co. has asked a Georgia federal judge to release it from having to cover the company's defense in a sprawling multidistrict litigation.
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June 28, 2024
Legal Tech Co. Seeks Arbitration Of ESOP Row At 11th Circ.
A legal technology company is urging the Eleventh Circuit to back arbitration of workers' claims that they lost $35.4 million when their employee stock ownership plan bought undervalued company shares, arguing that the lower court misstepped by finding that the agreement flouted rights under federal benefits law.
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June 28, 2024
Ga. Secretary Of State Seeks Denial Of Fees In Voting Case
The Georgia secretary of state has urged a federal judge not to award attorney fees and costs to a coalition of voting rights groups that challenged the legality of how the state adds newly naturalized citizens to its voter rolls.
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June 27, 2024
Biden, Trump Spar On Abortion Access In The Wake Of Dobbs
The U.S. Supreme Court's Dobbs decision upending Americans' access to abortion care made an early appearance at Thursday night's presidential debate, with President Joe Biden lamenting the end of Roe v. Wade and former President Donald Trump taking credit for handing the issue of abortion rights "back to the states."
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June 27, 2024
Biden Takes Dig At 'Convicted Felon' Trump In 1st Debate
President Joe Biden referred to former President Donald Trump as a "convicted felon" during Thursday's presidential debate, while Trump suggested that Biden could be criminally prosecuted after leaving office.
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June 27, 2024
Ga. Judge Says NBC Falsely Reported Mass Hysterectomies
A Georgia federal judge has ruled several news programs under the NBCUniversal umbrella incorrectly portrayed a doctor as having performed unwanted mass hysterectomies on immigrant women held at a private detention center.
Expert Analysis
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OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy
Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.
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Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers
The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Data Breach Rulings Stress Duty For Protecting Worker Data
Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Parsing FTC's Intercontinental-Black Knight Merger Challenge
The Federal Trade Commission's recent Article III case challenging a merger between Intercontinental Exchange and Black Knight suggests the agency is using a structuralist approach to evaluate the merger's potential anti-competitive harm, says David Evans at Kelley Drye.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Opinion
Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB
The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.