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Georgia
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July 24, 2024
Ga. Judicial Candidate Aims To Keep Election Challenge Alive
An attorney who lost her bid for a Georgia state appeals court seat has doubled down on her effort to overturn the election results, telling a state court to reject the winning candidate's dismissal bid and arguing it is actually his responsibility to establish a preponderance of the evidence about his eligibility to run.
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July 24, 2024
Ga. Sheriff Wants $11M Groping Arrest Suit Tossed
A Georgia sheriff accused of using excessive force against a man who says he was falsely accused of groping the lawman's wife asked a federal judge Tuesday to dismiss the civil rights claims against him, arguing he was well within his rights to tackle the man and take him into custody.
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July 23, 2024
Rudy Giuliani Says MyPillow CEO Covered His RNC Travel
Rudy Giuliani clarified Tuesday that his travel to and from the Republican National Convention was covered by MyPillow CEO Mike Lindell's conservative media outlet FrankSpeech, according to a filing in New York federal bankruptcy court.
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July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma
The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
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July 23, 2024
Mercedes-Benz Wants Defective Wheel Suit Tossed
Mercedes-Benz USA LLC is asking a Georgia federal judge to scrap a proposed class action over an allegedly defective wheel configuration on S580 sedans, arguing that a Nevada man's two punctured tires on a cross-country road trip aren't enough to support his claims.
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July 23, 2024
Bros. Want New Trial For Concrete Price-Fixing Convictions
Two brothers convicted earlier this month of involvement in a ready-made concrete bid-rigging and price-fixing scheme asked a Georgia federal judge Monday for another shot at trial, arguing that repeated testimony about purported law-breaking tipped the scales in favor of federal prosecutors.
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July 23, 2024
Red States Seek High Court Stay Of EPA Power Plant Rule
Dozens of red states Tuesday urged the U.S. Supreme Court to block implementation of the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, four days after the D.C. Circuit rejected a stay request.
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July 23, 2024
Arbitrator On Pain Meds Didn't End Dispute, Ga. Panel Says
The Georgia Court of Appeals vacated an arbitration award in an inheritance dispute between siblings after finding the award failed to resolve a "significant dispute" related to the alleged withdrawal and misuse of escrow funds.
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July 23, 2024
Ga. Judge Slams Ethics Charges As Demands For 'Perfection'
A Georgia state judge has denied violating ethical rules, arguing that her call to a personal friend about a pending child custody case — and other actions — shouldn't amount to public sanctions and said the judicial ethics watchdog's charges violate the state's constitution.
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July 23, 2024
Sig Sauer Says $2.35M Verdict Result Of 'Passion & Prejudice'
After a Georgia jury hit gunmaker Sig Sauer Inc. with a $2.35 million verdict last month over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, the company filed a slew of motions Monday saying the judgment should be tossed or, at the least, cut down in size.
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July 23, 2024
11th Circ. Should Uphold Tax Court Protection, IRS Says
The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.
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July 22, 2024
Globetrotters' Parent & Media Cos. Want Out Of Sex Bias Suit
The parent and media companies of the Harlem Globetrotters want out of a female former player's sex bias and harassment suit, telling a Georgia federal court she failed to exhaust her administrative remedies by not first filing her complaints against them with the EEOC and obtaining a right-to-sue letter.
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July 22, 2024
Equifax Bracing For CFPB On Dispute-Handling, Coding Glitch
Equifax said Monday that the Consumer Financial Protection Bureau plans to pursue fines over the credit reporting giant's handling of consumer disputes and a separate, short-lived "coding issue" that affected some credit score calculations in 2022.
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July 22, 2024
Approval Sought For $1.2M Deal In Labor Trafficking Suit
A car parts manufacturer, two recruiting agencies and a group of Mexican engineers who alleged the companies lured them to the U.S. with false promises of high-paying jobs before forcing them to work manual labor for long hours and low wages have reached a tentative $1.2 million settlement.
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July 22, 2024
Ga. Dems Challenge 'Cronyism' Behind Fundraising Law
A special campaign finance committee created by Georgia Republicans three years ago to sidestep limits on political fundraising is in the crosshairs of a recent lawsuit filed by the state's Democratic Party, which alleges the law creates an "asymmetrical campaign contribution scheme" designed to protect incumbents.
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July 22, 2024
Morgan & Morgan Unit Faces Malpractice Class Claims
Personal injury giant Morgan & Morgan PA's Jacksonville, Florida, unit allegedly misled a Georgia deputy sheriff in his back injury case, costing him potentially hundreds of thousands of dollars, according to a proposed class action the firm has removed to federal court.
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July 22, 2024
Baker Donelson's 'Growing' Atlanta Office Hires 2 Of Counsel
Baker Donelson Bearman Caldwell & Berkowitz PC has brought on two attorneys from FordHarrison LLP and Hawkins Parnell & Young LLP to its Atlanta office, strengthening its labor and employment group and its complex litigation and class actions group, the firm announced Monday.
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July 22, 2024
Ga. Child Therapists Say Employer Cheated Them Out Of Pay
A Georgia children's therapy provider has not been paying its registered behavior technicians for the time spent working before appointments, traveling, performing administrative work and attending required training sessions, four ex-workers claimed in a proposed collective action in federal court.
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July 22, 2024
Paul Hastings Lands New GC From Kirkland
Paul Hastings LLP announced Monday that Kirkland & Ellis LLP's former deputy assistant general counsel has joined its roster and will serve as its general counsel.
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July 19, 2024
House IP Committee Heads Unveil Drug Pricing Bill
Reps. Darrell Issa, R-Calif., and Hank Johnson, D-Ga., respectively the chair and top Democrat of the House intellectual property subcommittee, on Friday introduced a new bill that would change patent law to increase competition in the prescription drug market in order to lower patient costs.
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July 19, 2024
Atlanta Strikes Deal To End Ex-Worker's Retaliation Suit
The city of Atlanta has reached a deal with its former immigrant affairs director to resolve her lawsuit alleging she was fired after blowing the whistle on failures in the city's immigrant outreach services, according to a filing in Georgia federal court.
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July 19, 2024
Jan. 6 Witness Says Defamation Suit Has 'Little Substance'
Former Trump White House aide and Jan. 6 committee witness Cassidy Hutchinson renewed her calls Thursday to spike a defamation lawsuit from a former business partner of Hunter Biden, arguing her impressions of him described in her book aren't enough to stand up his claim.
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July 19, 2024
DC Circ. Won't Block EPA Power Plant Emissions Rule
The D.C. Circuit refused Friday to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying challengers haven't shown they're likely to succeed in overturning the regulations.
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July 19, 2024
Tweeting Holdout Ga. Juror's Removal Demands New Trial
The Georgia Court of Appeals on Thursday ordered a new trial for a man convicted of child molestation, ruling that the trial judge wrongly replaced a holdout juror even though he'd described himself on social media as "walking grounds for a mistrial."
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July 19, 2024
Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case
A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."
Expert Analysis
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
After Chevron: Various Paths For Labor And Employment Law
Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What 2 Rulings On Standing Mean For DEI Litigation
Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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A Crucial Step In Mediation: Preparing Your Client
Most U.S. courts have adopted standing orders that require all civil cases be mediated before being assigned to a trial calendar, so any lawyer involved in civil disputes must be knowledgeable about mediation — including the vital but often underutilized skill of preparing clients before mediation begins, says Jeffrey Lasky at Miles Mediation & Arbitration.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.