Supreme Court of Georgia Eliminates Direct Appeals from Denials of Immunity at Motion to Dismiss Stage
3/28/16
By: Andy Treese
Since 2009, government defendants in Georgia state courts have been authorized to directly appeal from denials of immunity-based motions to dismiss. The underlying premise has been that such rulings, though not “final orders,” fell within a narrow …
Issuing a Reservation of Rights? You May Lose Control Over Settlement
2/5/16
By: Jonathan Romvary
By reserving the right to deny coverage, insurers may be relinquishing the power to force the policyholder to forego reasonable settlement opportunities for covered claims that do not align with the goals of the insurer. In Babcock …
The Service Advisor Quandary – It's Now the Supreme Court's Turn
2/2/16
By: Brad Adler and Tim Holdsworth
For over forty years, courts have almost universally found that auto dealership service advisors were exempt from the FLSA’s overtime requirements under the salesman exemption contained in Section 13(b)(10)(A) of the statute. In contrast, …
Official Immunity: Recent Georgia Supreme Court decision reaffirms need for specific directives before finding ministerial duty for public officers
7/10/15
By: Chuck Reed, Jr.
Last week, in Eshleman v. Key, 2015 WL 3936075 (June 29, 2015), the Georgia Supreme Court reversed the Court of Appeals’ denial of official immunity for an off-duty police officer whose police dog escaped from …
Should We Have Seen This Coming? Supreme Court of Georgia: Duty to Preserve is Triggered by Constructive Notice of Anticipated Litigation
7/6/15
By: E. Andrew Treese
It has been clear for some time that a duty to preserve evidence is triggered by actual notice of pending or contemplated litigation. Last week the Supreme Court of Georgia held that the duty is also …
Employers May Have Duty to Inquire About Religious Accommodations Needed Regardless of Whether Requests are Made
6/5/15
By: Joyce M. Mocek
Earlier this week the U.S. Supreme Court ruled in EEOC v. Abercrombie & Fitch Stores, Inc. that Abercrombie & Fitch, a retail chain, may have violated Title VII of the Civil Rights Act of 1964 …
Employer's Duty to Monitor Fees of Retirement Plans
5/22/15
By: Joyce M. Mocek
Last week the U.S. Supreme Court, in Tribble v. Edison International, No. 13-550 (S.C. May 18, 2015) held that employers have a continuing duty to keep watch and monitor Employment Retirement Income Securities …
Supreme Court Defines Equitable Power of Courts in Approving Transfer of Firearms by Convicted Felons
5/20/15
By: Andy Treese and Charles Reed, Jr.
Law enforcement and other government agencies have been given considerable power in confiscating and otherwise prohibiting the use of property owned, used or possessed by persons suspected of criminal activity. What happens to …
“Yer Out!” United States Supreme Court Tosses 4th Pro Se in Forma Pauperis Request Holding that “Three Strikes” Provision Includes Cases Dismissed by a District Court and Pending on Appeal
5/20/15
By: Andy Treese and Charles Reed, Jr.
When Congress codified citizens’ access to courts regardless of their ability to pay costs, federal courts quickly became inundated with prisoner lawsuits. Congress, in turn, enacted the “three strikes” provision in 28 U. …
Supreme Court Grants Qualified Immunity to Police Officers Involved in Encounter with Mentally Ill Woman, Declines to Address Whether ADA Applies to Arrests
5/20/15
By: Andy Treese and Charles Reed, Jr.
This week the United States Supreme Court declined to rule on the issue of whether the Americans with Disabilities Act requires law enforcement officers to provide accommodations to an armed, violent, and mentally …
Supreme Court to Determine Standard for Constitutional Excessive Force Claims by Pretrial Detainees
5/18/15
By: E. Andy Treese
The Supreme Court of the United States will soon decide the legal standard used to analyze claims of constitutionally excessive force asserted by pretrial detainees under 42 U.S.C. § 1983. The case is Kingsley v. Hendrickson…
The Meaning of EEOC Conciliation
5/8/15
By: Jennifer B. Miller
Under Title VII, the EEOC must “endeavor to eliminate” alleged unlawful employment practices through informal means, such as conciliation, before it can file suit against an employer. On April 29, the Supreme Court issued an opinion …