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October 2010




Apportionment – Liability Based on Fault, Not Pocket Size

By Neil Wilcove and Will TateWill TateNeil Wilcove

Recent Georgia Court decisions have determined the language of the statute authorizing apportionment applies to any instance where multiple parties may have contributed to the plaintiff’s harm, including where the plaintiff’s own actions or negligence did not contribute to his or her injury.  During the progression of litigation, it is important to be mindful of other parties who may have contributed to the damages alleged by the plaintiff and give notice of their potential liability to the court. 

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The Aftermath of the FCC’s Declaratory TCA Ruling

By Dana MaineDana Maine

The “shot clock” portion of the declaratory ruling states that the “reasonable” time limit for processing and ruling on an application for a wireless facility siting is 90 days for collocations and 150 days for other wireless facility siting applications.  This time limit is tolled as long as the local government gives the applicant notice within 30 days that the application is incomplete.  Once the applicant provides the requested information, the clock starts again from when it was stopped.  By now, most jurisdictions probably have reviewed and amended their ordinances as needed, but issues of application may require attention.

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So You Have a Harassment Policy - Is That Enough?

By Brad Adler

In 1998, the United States Supreme Court issued its Faragher/Ellerth line of decisions articulating a new standard for holding employers responsible for the creation of a hostile work environment.  Since that time, employers have steadily heeded the call of the Supreme Court for employers to develop harassment policies.  It appears, however, that some employers are stopping there and falling short in developing a full harassment prevention and correction protocol.

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FMG is pleased to announced that Benchmark Litigation, which focuses exclusively on rating America's leading business litigation firms and attorneys, has ranked FMG as a leading firm for litigation. Ben Mathis also was named a Star Litigator by Benchmark.


Save the Dates !

Next Labor and Employment Seminar
Wednesday, November 17
8:30 a.m. - 10:00 a.m.
Freeman Mathis & Gary, LLP
100 Galleria Parkway, Suite 1600

Georgia Civil Engineering and Surveying Land Law Seminar
Friday, Nov 12
8:30 am - 4:15 pm
Embassy Suites - Galleria

DRI’s 24th Annual Civil Rights and Governmental Tort Liability Seminar
Wed. January 26 - Fri. January 28, 2011
The Ritz-Carlton New Orleans

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About Freeman Mathis & Gary, LLP

Freeman Mathis & Gary, LLP is a leading national litigation firm, serving clients through its practice groups in CGL and Business Liability, Commercial and Complex Litigation, Construction and Design Law, Financial Services and Transactions, Government Law, Government Relations, Insurance Coverage and Bad Faith, Labor and Employment Law, and Professional Liability. With offices in Georgia, California, Pennsylvania, New Jersey, New York, North Carolina and Florida, FMG attorneys serve as trusted counsel to corporations and governments throughout the country, providing practical, efficient, and cost-effective solutions for legal issues. For more information about FMG, visit www.fmglaw.com.




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