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March 2010




Non-settling Co-defendants Be Warned: Set-offs May Be Dead in Georgia

In personal injury cases, plaintiffs often sue multiple defendants with "deep pockets" in order to maximize the potential for recovery. If the defendants are determined to be joint tortfeasors, then all defendants are jointly and severally liable for the full amount of the plaintiff's damages. Consequently, a joint tortfeasor is entitled to a set-off for any payment made to a plaintiff by another joint tortfeasor to prevent a windfall to the plaintiff. However, what happens if a settling co-defendant is not a joint tortfeasor?
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Rigid Leave Policies Draw EEOC Ire

In early February, the Equal Employment Opportunity Commission (EEOC) finalized the largest single-lawsuit Americans with Disabilities Act (ADA) settlement in its history. Pursuant to that settlement, Sears will distribute $6.2 million to resolve the ADA claims of 235 former employees.
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Understanding the Perils of Submitting an Incorrect Public Works Bid

There is no denying that private construction work is generally down in the present economy. Yet during this lull in private work, it is anticipated that funds from the American Reinvestment and Recovery Act will ultimately provide increased opportunities for contractors to compete for public work. However, bidding on and performing public work can be risky for the uninitiated.
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FMG Joins PLAN Network of Law Firms

FMG is pleased to announce that it has become a member of the Professional Lines Attorney Network (PLAN). PLAN is an invitation-only national organization of specialty litigation law firms that have significant professional lines litigation and insurance coverage practices.
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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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