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Georgia
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August 15, 2024
Ga. Judge Rejects Sysco, Warehouse Workers' OT Settlement
A Georgia federal judge shot down a deal to end a former Sysco employee's proposed collective action claiming the company failed to pay warehouse workers' overtime, saying the settlement must reflect the "active participation" of the other workers involved in the suit.
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August 15, 2024
Ga. Man Accused Of Trying To Steal $1.9M In COVID Funds
A Georgia man was indicted in a scheme to steal $1.9 million in pandemic relief money and accused of wire fraud, submitting fraudulent federal tax returns and stealing dozens of Social Security numbers, the U.S. Department of Justice announced Wednesday.
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August 15, 2024
Delta Facing Second Customer Suit Over IT Outage Response
A Florida resident hit Delta Air Lines with a second proposed class action claiming the company failed to properly refund and reimburse passengers when their flights were canceled or significantly delayed in the wake of the global CrowdStrike computer outage.
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August 14, 2024
Lin Wood Defends Social Posts In Long Day Of Testimony
Controversial ex-attorney Lin Wood was pushed on his claim that social media posts he made about three of his former law partners following the 2020 dissolution of his firm were an attempt at self-defense when he took the stand Wednesday in Georgia federal court.
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August 14, 2024
4 States Oppose FTC Bid To Block Kroger-Albertsons Deal
Four Republican-led states defended Kroger's proposed $25 billion acquisition of Albertsons in an amicus brief Wednesday, telling the Oregon federal judge overseeing the Federal Trade Commission's challenge to the deal that blocking it would actually "weaken, not protect, competition."
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August 14, 2024
BP Unit Can't Escape Truck Stop Suit, Developers Claim
Companies suing a BP subsidiary for terminating their truck stop franchise agreement and leaving them stuck with unrecoverable development costs hit back against its "shotgun approach" to have their suit seeking more than $300 million in damages thrown out, telling an Ohio federal judge that their complaint is grounded in compelling claims.
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August 14, 2024
11th Circ. 'Flunks' Ga. School District's Redistricting Appeal
Georgia's second-largest school district "flunks" the standing tests to challenge a federal court's injunction blocking the use of an allegedly racially gerrymandered redistricting map it created, having purposefully withdrawn itself from litigation over the map, the Eleventh Circuit has ruled.
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August 14, 2024
Ga. High Court Passes On Reviving Public Defender Bias Suit
The Georgia Supreme Court has declined to take up the wrongful termination case of a former public defender employee with breast cancer, leaving in place an appellate court decision that overturned a 22-year-old ruling by saying the state did not waive its sovereign immunity when it enacted the Fair Employment Practices Act.
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August 14, 2024
SEC Says Ga. Firm's Ponzi Scheme Fueled 'Lavish' Lifestyle
An Atlanta-area firm that promised investors lucrative returns on real estate deals was in reality running a "classic Ponzi scheme" by funneling portions of the $300 million it received into buying a yacht and a luxury condo for its founder, the U.S. Securities and Exchange Commission said Wednesday.
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August 13, 2024
Lin Wood Says Social Posts Were Defense, Not Offense
Controversial ex-attorney Lin Wood took the stand Tuesday in a defamation case brought against him by three of his former law partners over social media posts in which Wood claimed they tried to criminally extort him after his firm's dissolution, telling jurors he only took to social media to defend himself.
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August 13, 2024
Ga. Court Ropes Hospital Back Into Patient Death Suit
A Georgia appeals court reinstated Tuesday a suit accusing a hospital of failing to properly treat an unstable patient and instead taking her home to be left alone, which allegedly caused her death, saying an allegation of failure to screen a patient didn't require a medical expert's report.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
Former Sprinter Eyes Plea Deal In 2020 Olympics Doping Case
A onetime world-class sprinter from the Atlanta area is in talks to resolve charges that he illegally provided banned performance-enhancement drugs while training other athletes ahead of the 2020 Tokyo Olympic Games, a Manhattan federal judge heard Tuesday.
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August 13, 2024
Atlanta Falcons Aim To Escape Ex-Team Doctor's Claims
The NFL's Atlanta Falcons have asked a Georgia federal judge to throw out claims by its former head physician against it as part of a broader civil rights lawsuit against Emory Healthcare, calling the doctor's complaint "unintelligible" and a "quintessential shotgun pleading."
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August 13, 2024
Ga. Justices To Weigh Arbitrator's Closed-Door Discussions
The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.
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August 13, 2024
Tax Court Design Violates US Law, Widow Tells 11th Circ.
The widow of a grocery store butcher fighting a tax liability upheld by the U.S. Tax Court has told the Eleventh Circuit that the decision should be sent back for reconsideration, arguing that a provision restricting the president's power to remove Tax Court judges is unconstitutional.
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August 13, 2024
Ex-Prosecutors Back Willis In Trump's Appeal Of DQ Ruling
Former federal prosecutors and others have thrown their support behind the State of Georgia, arguing that a trial court was right to let Fulton County District Attorney Fani T. Willis continue prosecuting former President Donald Trump and others after a former outside counsel with whom she had a relationship resigned.
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August 13, 2024
Ga. Waste Firms, EEOC Settle Gender Bias Suit
Four waste removal companies in Georgia are working to finalize a consent decree to end a suit by the Equal Employment Opportunity Commission claiming they subjected female truck driver applicants to sexist interview questions before filling roles with less qualified men, court records show.
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August 12, 2024
Trump Owes $3M For Using Isaac Hayes Song, Family Says
Late soul legend Isaac Hayes' family demanded former President Donald Trump pay a "discounted" $3 million license fee for playing the singer and songwriter's tune "Hold On, I'm Coming" at campaign rallies without permission, saying they stood ready to sue and seek a much steeper infringement fee if Trump refuses.
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August 12, 2024
Texas Wants Debt Relief Review In Wake Of 8th Circ. Ruling
Texas' solicitor general on Saturday pressed the U.S. Supreme Court to shut down the Biden administration's student debt relief plan, arguing that a recent Eighth Circuit decision granting an injunction against the plan in a similar case "underscores" why the high court should grant its petition for certiorari.
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August 12, 2024
'All Hell Broke Loose,' Wood's Ex-Partner Says Of Social Posts
A former law partner of controversial ex-attorney L. Lin Wood on Monday told a Georgia federal jury that social media posts Wood made accusing her and two other former partners of defamation led to widespread online harassment, damage to her professional reputation and threats.
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August 12, 2024
Young Thug Jury Returns, Told Not To Fret About New Judge
After weeks away from court, jurors weighing racketeering charges against Atlanta rapper Young Thug and his alleged Young Slime Life gang were instructed Monday "not to concern yourselves" with the switch to a new judge and to "disregard" any "disparaging" comments made by the jurist who previously presided over the marathon trial.
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August 12, 2024
Norfolk Southern Says Cuts To Investors' Suit Aren't Enough
Norfolk Southern Corp. told a New York federal court on Friday that a magistrate judge's recommendations to trim an investor proposed class action over losses stemming from the 2023 East Palestine, Ohio, derailment didn't go far enough, and urged the court to dismiss the entire complaint.
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August 12, 2024
Paragard IUD Makers Gearing Up For Defect Dismissal Bid
Teva Pharmaceuticals and The Cooper Cos. have five days to reach out to plaintiffs who may be included in a motion to dismiss the sprawling litigation over alleged defects in the Paragard IUD, a Georgia federal judge said Monday.
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August 12, 2024
Fed. Circ. Says Co. Can't Patent Coke Zero's Secret Sweetener
A Federal Circuit panel found Monday that the company that developed the artificial sweetener used in Coke Zero can't patent its formula after it has already touched the lips of customers even if they kept the recipe secret, something that's consistent with "precedent going back to the 1800s."
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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What 11th Circ. Fearless Fund Ruling Means For DEI In Courts
The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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The Uncertain Scope Of The First Financial Fair Access Laws
With Florida and Tennessee soon to roll out laws banning financial institutions from making decisions based on customer traits like political affiliation, national financial services providers should consider how broadly worded “fair access” laws from these and other conservative-leaning states may place new obligations on their business operations, say attorneys at Sullivan & Cromwell.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.