Georgia Court Raises Standard for Whistleblower Actions
7/30/12
By: Kelly Morrison
The Georgia Court of Appeals, in Fulton County v. Colon, recently issued a ruling on whistleblower lawsuits, which may significantly narrow the scope of actions that can be brought against governmental entities by disgruntled employees.
The …
Federal Court Changes Liability Standard for Georgia's Directors and Officers
7/30/12
By: Mary Anne Ackourey and Kelly Morrision
In the wake of the mortgage housing crisis, more banks have failed in Georgia than in any other state. A reflection of this troubling statistic is that a number of cases have been …
Extreme Limits of Protected Speech for “Symbolic” Nudity?
7/23/12
By: Sun Choy
A Portland judge recently ruled that a man who stripped naked at an airport to protest TSA screening is not guilty of indecent exposure charges, because “symbolic” nudity is protected free speech under Oregon law. As reported …
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By: Kamy Molavi
On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of 182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in …
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By Kamy Molavi
On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in …
Georgia Supreme Court Upholds Apportionment Statute
7/10/12
By Sun Choy and Jake Daly
Yesterday the Georgia Supreme Court issued its much-anticipated opinion inCouch v. Red Roof Inns, Inc., which involved a challenge to the validity and constitutionality of Georgia’s apportionment statute, O.C.G.A. § 51-12-33. The …
Georgia Supreme Court Expands Diminution in Value Analysis to All Property Damage Claims
7/9/12
By: Seth Kirby
For the last decade, Georgia auto insurers have been required to compensate accident victims for the inherent loss in value that a car suffers when it has been in an accident. This loss is known as diminution …
Supreme Court of Georgia Expands Waiver of Sovereign Immunity for Motor Vehicle Claims
7/9/12
By: Sun Choy
Last week, the Supreme Court of Georgia held in Gates v. Glass that the General Assembly created a “two-tier scheme” for waiving sovereign immunity in motor vehicle claims against cities and counties when it amended O.C.G.A. § …
Supreme Court of Georgia does an About Face on Preserving Coverage Defenses
7/5/12
By: Phil Savrin
Three weeks ago, I blogged that even though the Supreme Court of Georgia held that defending an insured without a reservation of rights waived coverage defenses, the standard for preserving defenses was easy to meet. Since then, …