3/7/13
By: Bill Buechner
The Eleventh Circuit recently held in a case of first impression that a property management company is not a “debt collector” under the Fair Debt Collection Practices Act (FDCPA).
In Harris v. Liberty Community Management, Inc., …
Georgia High Court to Revisit Scope of Official Immunity for State-Employed Physicians
3/7/13
By: Scott Rees and Michael Eshman
The highest Court in Georgia recently heard oral argument in a medical malpractice case with implications for medical providers working in state-run facilities. The issue, generally, is: when are medical providers working in state-run …
Wage and Hour Issues Evolving at a Rapid Pace
3/6/13
By: Brad Adler
Wage and hour lawsuits continue to be some of the fastest growing civil suits in our court system. In Georgia alone, FLSA lawsuits increased 40 percent in 2012, outpacing the approximately 13 percent increase nationwide by a …
Supreme Court Update: Drug Dog’s Sniff is “Up to Snuff”
2/21/13
By: Brian Dempsey
In a unanimous decision, the Supreme Court concluded that an “alert” by a well-trained narcotics detection dog establishes probable cause for the search of a vehicle’s interior for further evidence of illegal drugs. Florida v. Harris, …
NLRB Recess Appointments Invalidated
2/18/13
By: Anthony Del Rio
On January 25, 2013, the U.S. Court of Appeals for the District of Columbia held that President Obama’s recess appointments of three members to the National Labor Relations Board (“NLRB”) were invalid. Noel Canning Div. of …
Disability or Criminal Behavior? ADA Claims Involving Law Enforcement
2/7/13
By: Brian Dempsey and Ali Sabzevari
Title II of the Americans With Disabilities Act (“ADA”) prohibits a “public entity” from discriminating against a “qualified individual with a disability” based upon that individual’s disability. An individual is deemed to have a …
Keys to Effective Hold Harmless Agreements
2/7/13
By: Bart Gary
The Hold Harmless (Indemnity) Clause of a contract is like the lifeboats on a cruise ship — they just hang around until disaster strikes, and you hope they still work. Periodic review keeps them from becoming obsolete …
2/6/13
By: La’Vonda McLean
On February 5, 2013, the Department of Labor (“DOL”) issued its Final Rule implementing statutory amendments to the FMLA regarding leave for military caregivers and airline flight crews. These statutory changes incorporate amendments made by the National …
Healthcare Act: DOL Extends March 1st Deadline for Employers to Give Notice of Exchanges
2/5/13
By: David Cole
The Affordable Care Act requires employers to provide written notice to employees of the availability of insurance through state or federal health exchanges, which are scheduled to begin operation on January 1, 2014. The written notice must …
Medical Malpractice Lawsuit Dismissed Because Expert Not Qualified
1/31/13
By: Scott Rees
In Whitley, the Court of Appeals ordered a medical malpractice lawsuit to be dismissed for failure to satisfy Georgia’s expert affidavit requirements. O.C.G.A 9-11-9.1 requires that in any medical malpractice lawsuit, a plaintiff must file with …
Georgia Supreme Court to Weigh Expert Qualifications in Medical Malpractice Case
1/18/13
By: Michael Eshman
At issue in Hankla, et. al. v. Postel is the qualification of a medical doctor to testify as an expert regarding the standard of care owed by a nurse midwife. Georgia statute sets forth certain requirements a …
Employers Must Act Now on Healthcare Law
1/16/13
By David Cole
This is a critical time for employers to be aware of their obligations under the healthcare law and begin taking steps needed for compliance. As just a brief reminder, some of the law’s key provisions for employers …