Georgia High Court Expands Waiver of Coverage Defenses
6/27/12
By Philip W. Savrin
Last week, the Supreme Court of Georgia issued its decision in Hoover v. Maxum Indemnity Company finding that an insurer had not preserved its right to disclaim on defenses that were not asserted adequately in the …
High Court Splits on Arizona Law — Is Georgia Next?
6/26/12
By Ben Mathis and Kelly Morrison
In a decision that left both sides claiming victory, the Supreme Court struck down several portions of immigration legislation by the State of Arizona, but also upheld a key part of the law that …
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts …
Implications of Wisconsin Recall Vote on Public Sector Unions
6/20/12
By: Jason Mitchell
Governor Scott Walker survived June 5th’s recall vote by a margin of 7% or roughly 173,00 votes. Because public sector union rights played an important role in the recall campaign, the outcome likely will carry significant …
Retaliatory Hostile Work Environment Claim Recognized by Eleventh Circuit
6/18/12
By: Joyce Mocek
In a case of first impression for the Eleventh Circuit, the Court in Gowski v. Peake held that a retaliatory hostile work environment was a viable claim. The Court also noted that although discrete acts cannot alone …
Multi-Million Dollar Jury Award Reduced Because Man Died While Having Sex with Multiple Partners
6/15/12
By: Scott Rees
A cardiologist was found liable for failing to warn his patient to avoid strenuous physical activity. Shortly thereafter, the decedent engaged in strenuous activity — a “threesome.” The patient died in the act.
The jury awarded the …
The Pitfall of Coverage by Estoppel in Georgia
6/7/12
By: Phil Savrin
The Supreme Court of Georgia swept aside many decades of case law recently when it decided that an insurer cannot rely on policy provisions to deny coverage if it defends its insured without reserving its rights. Before …
The National Practitioner Data Bank
6/6/12
By: Scott Rees
From talking to medical providers and other individuals associated with medical care, there is a lot of mystery and unknowns about the National Practitioner Data Bank (NPDB).
In fact, almost without exception, at some point during the …
Preparing for Potential Outcomes of Healthcare Decision
6/1/12
By David Cole
The new federal healthcare law, formally known as the Patient Protection and Affordable Care Act, imposes a number of different requirements on employers. Some of these requirements already are in effect, while others are scheduled to phase …
Georgia’s False Claims Act – What You Need to Know Before Requesting Payment
6/1/12
By Leanne Prybylski
The Georgia Taxpayer Protection False Claims Act, which becomes effective on July 1, 2012, is a far-reaching law that imposes civil penalties for knowingly submitting false claims to Georgia state and local governments, including counties, state departments …
Accessing Employees' Social Media: New Statutory Restrictions
6/1/12
By Joyce Mocek
Employers have increasingly compelled employees and potential employees to allow access to their social media accounts in making personnel decisions. There have been a number of lawsuits based on privacy protections, but now many states are considering …
Eleventh Circuit Rejects Eleventh Amendment Immunity For Sheriff
5/18/12
By Ben Mathis and Bill Buechner
The Eleventh Circuit has issued an unpublished decision holding that a Georgia sheriff is not entitled to Eleventh Amendment immunity with respect to 42 U.S.C. § 1983 claims arising out of his termination decisions. …