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Georgia
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June 27, 2024
Self-Defense Code Should Apply To UGA Case, Panel Says
The Georgia Court of Appeals said Thursday that a superior court judge should not have voided two provisions of the University of Georgia's code of conduct during disciplinary proceedings over an off-campus fight between two students, one of whom cited self-defense in an attempt to avoid suspension.
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June 27, 2024
Ala. Must Hand Over Felon Voting Records, 11th Circ. Says
In a split decision, an Eleventh Circuit panel ruled that Alabama can't block a Birmingham ministry from accessing lists of convicted felons barred from voting, finding that the public disclosure provision of the National Voter Registration Act "squarely covers" the records the group sued over.
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June 27, 2024
Titanic Purdue Ruling Shifts The Balance Of Power In Ch. 11
The U.S. Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
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June 27, 2024
11th Circ. Won't Revive Robinhood Investors' Meme Stock Suit
The Eleventh Circuit has affirmed a lower court's dismissal of an investor antitrust suit against Robinhood Markets and Citadel Securities, holding that the investors failed to allege any plausible anti-competitive effects that occurred as a result of the platforms allegedly conspiring to restrict trades of "meme" stocks like GameStop in 2021.
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June 27, 2024
State Farm Settles Georgia Motorcycle Death Suit For $18M
State Farm has agreed to an $18 million midtrial settlement for the family of a man killed in a 2020 motorcycle crash after a Georgia jury found the driver he collided with at fault, the family's attorneys said Wednesday.
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June 27, 2024
Ga. School District, Bus Drivers Settle OT Bonus Suit
A Georgia school district agreed to pay nearly $114,000 to end a collective action accusing it of underpaying employees on overtime by failing to include a retention bonus when calculating their time-and-a-half rate, according to a motion to approve the deal filed in federal court.
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June 27, 2024
Justices Nix 3rd-Party Liability Releases In Purdue Ch. 11 Plan
The U.S. Supreme Court shot down the validity of nonconsensual third-party releases in an opinion issued Thursday in the case of bankrupt drugmaker Purdue Pharma LP, potentially exposing the Sackler family members who own the company to personal liability for the company's role in the opioid crisis.
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June 26, 2024
Ga. High Court Told To Skip Inventor's 'Clerical Mistake' Fight
A unit of the analytics giant Clarivate is telling Georgia's highest court that a neurosurgeon's $102 million legal malpractice case over "a clerical mistake" in a patent filing from an aggrieved former FisherBroyles client is definitely "not a cert-worthy case."
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June 26, 2024
Crypto App Pledges More Refunds In Multistate Settlement
Cryptocurrency platform Abra has agreed to return millions of dollars in digital assets to U.S. customers after getting busted for running a mobile application for crypto transactions without the required money transmitting licenses, a coalition of state financial regulators announced on Wednesday, with Washington state taking the lead.
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June 26, 2024
After Covering For Ex, Man Gets 53 Months For PPP Scheme
A Georgia man who pled guilty to being a key player in an $11 million pandemic loan fraud ring was hit with a 53-month prison term Wednesday, a sentence that wasn't helped after a federal judge found he lied on the stand testifying for his ex-wife and co-conspirator at her trial earlier this year.
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June 26, 2024
11th Circ. Urged To Toss $62M Order Against Forex Co. CEO
An imprisoned former CEO of an investment company urged the Eleventh Circuit on Tuesday to toss a multimillion-dollar penalty against him obtained by the federal government, saying he never operated foreign exchange commodity pools and didn't invest borrowed funds on behalf of lenders.
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June 26, 2024
Red Roof Trafficking Case Settled In Middle Of Trial
The corporate owners of two Red Roof Inn locations in Atlanta and 11 women who claim they were trafficked there for years without intervention have reached a midtrial settlement ending the case.
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June 26, 2024
Ga. Panel Affirms Child Care Center Win In Car Crash Row
The Georgia Court of Appeals has upheld a trial court's order granting judgment to a University of Georgia child care center in an auto accident suit, holding the center's attendance policy for employees isn't enough to hold it liable for a crash that took place during a teacher's commute.
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June 26, 2024
AT&T Strikes Deal To Exit Former Exec's Age Bias Suit
AT&T reached a deal Wednesday to resolve a former assistant vice president's suit alleging he was fired because he's a 58-year-old white man, a filing in Georgia federal court said.
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June 25, 2024
2 Federal Judges Stall Biden's Student Loan Debt Relief
Federal judges in Kansas and Missouri on Monday partially blocked the Biden administration from implementing its latest student debt relief program, with both finding that Congress did not give clear authorization through the Higher Education Act for the loan forgiveness plan, as argued by the federal government.
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June 25, 2024
Sporting Cos. Must Face Shotgun Shell Maker's TM Suit
A shotgun shell producer's failure to search the internet for violations of his trademark does not make the claims in his lawsuit untimely, a Georgia federal judge ruling Tuesday, saying a majority of claims related to the use of his "Quik-Shok" mark fall within the allowable time limits for lodging a challenge.
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June 25, 2024
Norfolk Southern Torched In NTSB Final Derailment Findings
Norfolk Southern used "reprehensible" tactics to interfere with the investigation into last year's derailment in East Palestine, Ohio, and pushed for an "unnecessary" controlled vent and burn of highly flammable vinyl chloride during the accident's chaotic aftermath, the National Transportation Safety Board said Tuesday.
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June 25, 2024
Verizon To Pay $1M For Southeast 911 Outage, FCC Says
Verizon has agreed to pay just more than $1 million and follow a compliance plan after a December 2022 breakdown of 911 connectivity throughout the Southeast, the Federal Communications Commission said Tuesday.
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June 25, 2024
Ga. County Wants Battery Fire Suit Sent Back To State Court
A Georgia county that sued an electric vehicle battery manufacturer for allegedly dumping hundreds of batteries that led to a massive fire at a local recycling plant asked a federal judge Monday to send the case back to state court.
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June 25, 2024
Ga. Mom Calls Insurer's Escape Bid From Rape Suit 'Illusory'
The mother of a minor who was allegedly kidnapped and raped after a shooting at an Atlanta-area skating rink said Monday that a bid by the rink's insurance company to escape liability cannot stand.
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June 25, 2024
Katt Williams Must Face Atlanta Assault Claims, Judge Says
Katt Williams won't be able to escape a lawsuit brought by four women who say they were jumped and threatened at gunpoint by the comedian and his entourage outside an Atlanta nightclub, after a Georgia federal judge allowed most of their case to go forward Tuesday.
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June 25, 2024
Ga. Supreme Court Removes Arrested Judge From Bench
The Georgia Supreme Court on Tuesday removed Douglas County Probate Court Judge Christina Peterson from office for violations of the state's code of judicial conduct, including jailing a woman seeking to amend her marriage record, after Peterson was arrested outside an Atlanta nightclub last week on unrelated charges.
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June 25, 2024
Jones Walker Names Construction Atty As Atlanta Office Head
Jones Walker LLP has appointed a construction attorney who made partner less than four years ago as head of its Atlanta office.
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June 25, 2024
Ga. Panel OKs COVID Aid To Atty Who Cared For 2 Young Kids
A Georgia attorney who left his legal job to be the primary caregiver for his young children during the height of the COVID-19 pandemic should have qualified for the Pandemic Unemployment Assistance program, a state appeals panel has ruled, overturning the state's decision to deny benefits.
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June 25, 2024
Atlanta City Council To Consider $2M Settlement In Taser Case
Atlanta's City Council is set to consider a $2 million settlement next week in a case in which two college students allege they were pulled from their car and Tasers used on them by police in 2020 during protests related to the police killing of George Floyd.
Expert Analysis
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Keep Up With Telemarketing Compliance: State Law Roundup
As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Series
Ga. Banking Brief: All The Notable Compliance Updates In Q2
Legislation signed into law in the second quarter of the year in Georgia tackled a broad range of issues that will affect financial institutions, from money laundering and consumer protection to commercial financing disclosures and a lengthy cleanup of the banking and finance code, says Elizabeth Garner at Parker Hudson.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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2 Years Later: TransUnion's Impact On Data Breach Litigation
In the two years since the U.S. Supreme Court’s landmark TransUnion decision, plaintiffs have sought to bypass the effects of the ruling — which poses a significant impediment to large data breach class actions and uncertainty for cyber insurers — through various clever pleading forms, say Jason Fagelman and Sarah Cornelia at Norton Rose, and Amanda Thai at Beazley.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Would Biden Airline Service Order Raise 'Major Questions'?
President Joe Biden's recent pledge to require airlines to compensate passengers for delays and cancellations could run afoul of the U.S. Supreme Court's recently expounded "major questions" doctrine — but that will depend on what kind of action the administration takes, and how federal courts choose to apply the doctrine, says Roger Clark at Signature Resolution.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.