Does the Fourth Amendment Allow a Forced Blood Draw After a DUI Arrest?
1/14/13
By: Sun Choy
The Supreme Court will answer this question in Missouri v. McNeely. It is well established that the Fourth Amendment allows a warrantless search under exigent circumstances. During the oral argument last week, the Court suggested that …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/11/13
By: Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …
Georgia's Failed Bank Litigation Addresses “Insured vs. Insured” Coverage Exclusion
1/10/13
By: Kelly Morrison
Georgia is no stranger to failed banks, and thus continues to host to a number of FDIC lawsuits against former directors and officers. Not surprisingly, these lawsuits are testing the legal waters regarding several coverage exclusions, as …
Georgia's Emergency Care Statute May Be Implicated by Delay in Transfer of Emergency Room Patient
1/9/13
By: Scott Rees
In Dailey v. Abdul-Samed, the applicability of Georgia’s emergency medical care statute, O.C.G.A. 51-1-29.5. The statute provides that in an action involving a health care liability claim arising out of the provision of emergency medical care …
Temporary Flooding May Give Rise to a Takings Claim
1/2/13
By: Ali Sabzevari
A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. There is a …
Engagement Letters for Professional Services – A Valuable Tool That May Come with a Price
1/1/13
By Seth Kirby
In 2009, the Georgia Court of Appeals confirmed with resounding clarity that all professional malpractice claims sounding in contract were governed by a four-year statute of limitations. All was right with the world. Professionals and their insurers …
Temporary Flooding May Give Rise to a Takings Claim
1/1/13
By Dana Maine and Ali Sabzevari
A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner. …
Highlights of Fiscal Cliff Tax Changes
1/1/13
Through many months of delay, debate, and finger-pointing, Congress and the White House have reached an agreement on various tax rate cuts that were set to expire in 2013 and would result in tax hikes for all taxpayers. The bill …
Beware If You Have Commissioned Employees in California – New Law Takes Effect in 2013
12/27/12
By: Brad Adler
For those employers that have operations in California, remember that California’s new commission contract law takes effect January 1, 2013. Under State Law 1396, employers who pay commissions to their employees are required to enter into written …
Federal Judge Gives Green Light to “Show Me Your Papers”
12/18/12
By: Kelly Morrison
Last week, federal Judge Thomas Thrash signed an order authorizing the immediate enforcement of “show me your papers”— also known as Section 8 of Georgia’s controversial immigration law. Section 8 allows law enforcement officials to verify the …
NLRB Strikes Down Another Social Media Policy
12/10/12
By: David Cole
The NLRB has ruled that another social media policy is unlawful because it infringes on employees’ rights to engage in concerted activity. This time, it looked at DISH Network’s social media policy, which stated that “you may …
Do You Have a Constitutional Right to Smoke on Public Property?
11/9/12
By: Sun Choy
According to the United States Court of Appeals for the Eighth Circuit, there is no constitutional right to smoke on public property. In Gallagher v. City of Clayton, Missouri, the court rejected plaintiff’s request to declare …