Author: Catie Murphy

Supreme Court of Georgia adopts standard for obtaining a protective order to prevent the deposition of high-ranking corporate executives

6/8/22

By: Michael Freed

The Supreme Court of Georgia granted certiorari in General Motors, LLC v. Buchanan on the question of “[w]hat factors should be considered by a trial court in ruling on a motion for a protective order under OCGA …

Executive orders issued during the Covid-19 pandemic did not create an impossibility or cause frustration sufficient to shield restaurant owner from its obligation to pay rent

6/6/22

By: Edward Storck

Recently, the Connecticut Supreme Court examined the rights of a restaurant owner tenant who had withheld payment of rent citing the executive orders dealing with the Covid-19 pandemic as the cause for their inability to pay rent. …

Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia

6/6/22

FMG partners Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the …

A month into recreational cannabis sales, NJ Employers still lack guidance on drugfree workplace enforcement

6/3/22

By: Courtney Knight

New Jersey recreational cannabis sales began April 21, 2022 and have since amounted $24 million in sales. But what happens when all of those legal users show up to work and/or apply for a new job? The …

Down It Goes! Illinois Prejudgment Interest Struck Down – What To Do Now

5/31/22

By: Jonathan Schwartz and Patrick Eckler

Judge Marcia Maras of the Circuit Court of Cook County struck down as violative of the Illinois state constitution, PA 102-0006, which permits prejudgment interest in personal injury and wrongful death cases. This ruling …

Massachusetts’ High Court Strikes Down Capital Gains Tax Levied Against Non-Domiciled Corporation on Statutory Grounds

5/25/22

By: Matthew A. Wachstein

In the recent case of VAS Holdings & Investments LLC v. Comm’r of Revenue, No. SJC-13139, 2022 Mass. LEXIS 204 (May 16, 2022), the Supreme Judicial Court of Massachusetts (SJC) reversed the Appellate Tax Board’s holding …

Right result. Right reason? Kentucky federal court considers questions of intent under different parts of an insurance policy

5/24/22

By: Barry Miller

Can the same conduct be unintentional, under a broad reading of the word “intent,” and still be intentional under a narrower test? A recent opinion from a Kentucky federal seems to suggest that an insured can lose …

Georgia Governor Reinstitutes Non-Party Apportionment

5/23/22

By: Sharon Horne and Sangeetha Krishnakumar

Georgia’s “non-party fault statute,” codified at OCGA § 51-12-33, was passed by the state’s General Assembly as part of tort reform efforts in 2005. This statute provided for non-party apportionment as an option in …

Changing Tides: WOTUS and the Jurisdiction of the Clean Water Act

5/23/22

By: Alec D. Tyra

Clean Water Act: What is WOTUS? 

The Clean Water Act (CWA) was enacted to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The act, among other things, regulates the discharge …

The Connecticut Supreme Court finds that the “Litigation Privilege” extends to claims of “bad faith” based upon an insurers’ actions during litigation.

5/23/22

By: Edward Storck

The recent decision in Tamara Dorfman v. Joscelyn Smith, et al, 342 Conn. 582, 271 A.3d 53 (March 29, 2022), addressed whether an insurer’s alleged conduct during litigation could form the basis of a “bad faith” finding …