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FMG Law Blog Line

Archive for October, 2011

Can Contractors Be Strictly Liable For Defective Products Used In Construction?

Posted on: October 1st, 2011

By Kamy Molavi

Suppose a contractor installs a fire protection system that had a faulty design or was manufactured with a defective component, such as a sprinkler head. Can the contractor be liable to the end user? The answer is that it depends. While a contractor typically comprehends that it can be liable if it did something incorrectly, strict liability law can make a contractor liable even if it fully complied with its duties under the applicable contracts, and even if it did not act negligently. That possibility is the focus of this article. (more…)

Georgia Supreme Court Holds Non-Lawyers May Not File Garnishment Answers

Posted on: October 1st, 2011

By Amy Combs Bender

Employers in Georgia often receive court orders directing them to garnish wages of their employees for child support orders, judgments in a prior court proceeding, and other unpaid debts. By way of background, Georgia has statutes that describe the proceedings for a garnishment, including obligations of an employer who receives a garnishment order for an employee. See O.C.G.A. § 18-4-1 et seq. In this regard, typically, a judgment must first be rendered on the employee’s underlying debt. The plaintiff (to whom the employee’s debt is owed) then must initiate a new court proceeding for a garnishment by filing an affidavit setting forth information about the prior judgment. A court then will issue a summons of garnishment, at which point the affidavit and summons of garnishment must be served on the employer. (more…)

The Importance of Clear Rules in an Age of Information Overload

Posted on: October 1st, 2011

By Jack Hancock

We are inundated with information these days from all sources, including seminars, articles and e-mails. Occasionally, we may hear or read about a topic that may be of great value or relevance to our work. By the time we get back to the office, the demands of our schedule take precedence and we do not take full advantage of the information that we have learned. While we may find ways to incorporate this information into our own work, what happens if a colleague or staff encounters that issue? (more…)