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May 2011




EEOC Issues Final Regulations Implementing the ADAAA

Mary Anne Ackourey

By Mary Anne Ackourey

On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) published new regulations to implement the equal employment provisions of the Americans with Disabilities Act, as Amended (ADAAA).  One of the primary objectives of the ADAAA was to broaden the definition of the term “disability.”  This was motivated by a desire to make it easier for individuals to establish that they have disabilities within the meaning of the ADA.  This goal was accomplished, not by changing the definition of the word itself, but by changing the way in which it is to be interpreted.

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Unintended Consequences of Tort Reform A Hidden Danger

Seth Kirby

By Seth Kirby

In July of 2010 the Georgia Court of Appeals held that Georgia’s Tort Reform Act of 2005 requires juries to apportion damages among responsible parties even if the plaintiff is not partly at fault.  The decision in Cavalier Convenience, Inc. v. Sarvis recognized that the Tort Reform Act changed the prior law that had allowed apportionment of damages only if the plaintiff was partially at fault.

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Georgia Appellate Court Provides Guidance to Sureties on Recovering Losses

Neil Wilcove

By Neil Wilcove

The Georgia Court of Appeals recently provided guidance for sureties who issue performance and payment bonds on recovering payments and losses resulting from a contractor’s default of the underlying contract.  In Cagle Construction, LLC v. The Travelers Indemnity Company, Travelers, as a successor to Gulf Insurance Company, the surety, issued performance and payment bonds on behalf of Cagle Construction, LLC, the principal, for the benefit of the Georgia Department of Defense with respect to four construction projects.

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2011 Legislative Session Wrap-up

Bobby Baker

By Bobby Baker

The 2011 Legislative Session came to an end just before midnight on April 14.  Over 1,600 bills and resolutions were filed in the House, while in the Senate, over 900 bills and resolutions were filed.  After 40 days of work, debate and politics the 2011 Session produced some important changes to Georgia law and left some matters to be considered either in the next legislative session or during the Special Session set for August 15 to take up reapportionment of legislative and congressional districts.

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Freeman Mathis & Gary, LLP welcomes Kathleen S. Dod as its newest attorney.

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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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