By Neil Wilcove and Will Tate
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.
By Dana 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.
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.