The Supreme Court of Georgia has answered a lingering question as to whether an insurer can assert coverage defenses when it has defended its insured without a reservation of rights absent a showing of prejudice to the insured. InWorld Harvest Church, Inc. v. GuideOne Mutual Insurance Company, Case No. S10Q0341 (Ga. May 3, 2010), the insurer assumed the defense of its insured while telling its insured that coverage was doubtful but would be evaluated. The insurer continued to defend for almost a year before informing the insured that it would be withdrawing from the defense because there was no coverage. After the insured retained its own attorneys, the case proceeded to judgment in excess of $1 million. The insured then sued the insurer in federal court for coverage. (more…)
A recent case out of the Fourth Circuit Court of Appeals – which covers South Carolina, North Carolina, West Virginia, and Virginia – highlights how a non-union employer can violate the National Labor Relations Act (“NLRA”). In Alton H. Piester LLC v. NLRB, the court found that the non-union employer violated the NLRA by threatening its employees and subsequently terminating one after several complained about a change in pay. 591 F.3d 332 (4th Cir. 2010).
Background of the NLRA (more…)
In a very recent decision, the Eleventh Circuit Court of Appeals in Flanigan’s Enterprises, Inc. of Georgia v. Fulton County, Georgia, No. 08-17035, 2010 WL 520542 (11th Cir. 2010), issued a decision providing guidance on the evidentiary support necessary for enacting an adult entertainment ordinance. The decision confirms the appropriateness of reliance on studies and empirical evidence of negative secondary effects, and makes it more difficult for adult entertainment establishments to attack such ordinances with competing evidence. 
The Georgia Uniform Fraudulent Transfer Act allows a creditor to reverse, receive value for or attach certain transfers of a debtor. The Act protects creditors from a debtor’s transfers in two situations.
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