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Georgia
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July 17, 2024
Ex-Partners Fight 'Cynical' Lin Wood's Judge DQ Attempt
Former colleagues of retired Georgia attorney Lin Wood slammed a bid to have the judge presiding over a defamation trial next month disqualified over his ties to Alston & Bird LLP, calling the effort "another last-minute, 'Hail Mary' attempt to delay the upcoming trial."
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July 16, 2024
Ga. Panel Limits Insurer Pool's Collections For Workers' Comp
The Georgia Court of Appeals on Tuesday limited the power of a state-sponsored insurance pool to recoup its expenses when filling in for an insolvent insurer, ruling that companies can't be forced to accept liability for an injured worker when they were placed into the position by a staffing agency.
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July 16, 2024
Cannabis Patients And DOJ Offer Dueling Reads On Rahimi
A group of Floridians and the U.S. Department of Justice have advanced dueling interpretations of whether a recent U.S. Supreme Court ruling on gun laws justifies stripping medical cannabis patients of their right to bear arms.
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July 16, 2024
Ga. Denied Extension For Medicaid Work Requirement Plan
Georgia won't get extra time to administer a work requirement Medicaid expansion program in order to make up for federal regulators' illegal delaying of its rollout after a federal judge ruled Monday that the state didn't go through the proper channels in trying to extend the program's timeline.
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July 16, 2024
States, Legal Orgs. Urge Justices To Halt Biden's Debt Relief
A U.S. Supreme Court challenge to the Biden administration's latest student debt relief program received backing from seven Republican-led states and a trio of legal groups that assert the estimated $475 billion plan exceeds the executive branch's authority.
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July 16, 2024
Judge Spikes Fee Bid Pending Edible Arrangements Appeal
A Georgia federal judge is denying for now 1-800-Flowers.com's push to recover up to $4.3 million in attorney fees, as its rival Edible Arrangements LLC appeals a ruling that ended its trademark infringement suit against the company.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 15, 2024
School Counselor's FMLA Suit Should Be Tossed, Judge Says
A Georgia school district should be allowed to escape a former counselor's lawsuit alleging she was terminated for requesting time off to care for her sick husband, a federal judge said Monday, finding she couldn't overcome the district's explanation that she'd failed to correct performance issues despite multiple opportunities.
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July 15, 2024
TitleMax Can't Nix Usury Claim, Ga. Woman Tells Judge
A woman suing TitleMax over predatory lending to U.S. military members and their family members is urging a Georgia federal judge to keep her proposed class action alive, arguing the company's bid to have it thrown out must fail.
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July 15, 2024
Judge DQ'd From Young Thug's Trial Over Ex Parte Convo
The judge presiding over the Atlanta racketeering trial of rapper Young Thug has been booted from the case over charges that he held a closed-door meeting with prosecutors and a key witness, accusations that ended with the musician's attorney being placed into handcuffs last month.
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July 15, 2024
11th Circ. Affirms Atty Fee Awards In Nursing Home Ch. 7
The Eleventh Circuit found Monday a bankruptcy court didn't abuse its discretion when it awarded attorney fees to Shumaker Loop & Kendrick LLP, Fox Rothschild and a firm that merged with Venable for representing the Chapter 7 trustee in a nursing home operator's insolvency.
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July 15, 2024
Akerman Brings On Chamberlain Hrdlicka Tax Pros In Atlanta
Akerman LLP announced Monday that it picked up a pair of new partners for its tax practice group in Atlanta who were previously with Chamberlain Hrdlicka White Williams & Aughtry.
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July 15, 2024
11th Circ. Affirms Yemeni Man's Removal After Marriage Fraud
The Eleventh Circuit has affirmed the removal of a Yemeni citizen who fraudulently claimed he was married to a U.S. citizen, rejecting arguments that he has since legitimately married another U.S. woman who he now supports and that his removal proceedings should have been paused while he pursued other visa options.
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July 15, 2024
11th Circ. Upholds UMiami's Win In Retaliation Suit
The Eleventh Circuit affirmed a Miami federal jury's verdict rejecting claims that the University of Miami fired a compliance officer for his refusal to close an investigation into the college's alleged Medicare overcharging, ruling that the officer had "invited" the jury instruction on which he based his appeal.
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July 15, 2024
Coca-Cola Docs Would Clarify Soda Risk, Mexican Group Says
A Mexican consumer advocacy group has asked a Georgia federal judge to force the Coca-Cola Company to hand over internal documents about the company's alleged efforts to manufacture scientific research that misled soda buyers about the dangerous health effects of sugary beverages.
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July 15, 2024
Ga. Man Wants $10M After Carnival Truck Collision
A Columbus, Georgia, man is asking for more than $10 million in damages after a truck driver for a South Carolina amusement rides company rear-ended and seriously injured him, according to a suit removed to Georgia federal court Friday.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Feds Join Voting Rights Suit Over Georgia Election Law
The federal government has joined a suit against Georgia officials over their 2021 voting law after a federal judge allowed it to intervene in wide-ranging litigation against the measure, saying state lawmakers intend to deny Black Georgians and other people of color the right to vote because of their race.
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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Giuliani's Ch. 11 Tossed Over Lack Of Financial Candor
Rudolph W. Giuliani, former mayor of New York City and legal adviser to Donald Trump, had his Chapter 11 case dismissed Friday by a New York bankruptcy judge, who found that Giuliani's missing financial disclosure made ending the proceedings the best option for creditors.
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July 12, 2024
Real Estate Recap: Mall Makeovers, Military Land, Fundraising
Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.
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July 12, 2024
Payments To Ex-Wife Should Be Deductible, 11th Circ. Told
A Georgia man told the Eleventh Circuit on Friday that his payments to his ex-wife as part of a marital settlement should qualify as alimony and therefore be deductible from his federal income taxes, asking the court to reverse a U.S. Tax Court decision.
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July 12, 2024
Ga. Jury Convicts Men For Ready-Mix Concrete Conspiracy
A Georgia federal jury convicted two men for their roles in a years-long scheme to fix prices and rig bids for tens of millions of dollars of ready-mix concrete in the greater Savannah area.
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July 12, 2024
11th Circ. Ends Widow's Crash Suit Against Trucking Broker
The widow of a man killed in a collision with a tractor trailer won't be able to press her negligent selection claim against the company that hired the trucker and his carrier after the Eleventh Circuit this week backed a district court's ruling that federal transportation law preempts her case.
Expert Analysis
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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.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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EPA Heavy-Duty Vehicle GHG Rules Face Bumpy Road Ahead
The U.S. Environmental Protection Agency's new standards to reduce greenhouse gas emissions for owners and operators of heavy-duty vehicles are facing opposition from both states and the transportation industry, and their arguments will mirror two pending cases challenging the EPA's authority, says Grant Laizer at Adams and Reese.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.