New NLRA Posting Requirements
12/5/11
By Ben Mathis and Jonathan Kandel After several postponements, the National Labor Relations Board (“NLRB”) recently announced that it is going forward with a new rule requiring most private employers to post notices regarding employee rights under the National Labor Relations Act (“NLRA”). The posting requirement will be effective January 31, 2012. Codified at 29 C.F.R. § 104.202, the…
Supreme Court of Georgia Agrees to Revisit the Late Notice Defense in Insurance Coverage Cases
11/1/11
By Phil Savrin Matt Hoover sustained a serious brain injury in October 2006 when he fell from a ladder while climbing down from the roof at a residence. He was at the residence because a supervisor at the water extraction company where he worked had asked him to deliver a different ladder to the residence,…
Can Contractors Be Strictly Liable For Defective Products Used In Construction?
10/1/11
By Kamy Molavi Suppose a contractor installs a fire protection system that had a faulty design or was manufactured with a defective component, such as a sprinkler head. Can the contractor be liable to the end user? The answer is that it depends. While a contractor typically comprehends that it can be liable if it…
Georgia Supreme Court Holds Non-Lawyers May Not File Garnishment Answers
10/1/11
By Amy Combs Bender Employers in Georgia often receive court orders directing them to garnish wages of their employees for child support orders, judgments in a prior court proceeding, and other unpaid debts. By way of background, Georgia has statutes that describe the proceedings for a garnishment, including obligations of an employer who receives a garnishment…
The Importance of Clear Rules in an Age of Information Overload
10/1/11
By Jack Hancock We are inundated with information these days from all sources, including seminars, articles and e-mails. Occasionally, we may hear or read about a topic that may be of great value or relevance to our work. By the time we get back to the office, the demands of our schedule take precedence and…
Premises Liability: Has Apportionment of Fault Killed "Failure to Provide Security" Cases?
9/1/11
By Sun Choy and Jake Daly Twenty years ago, premises liability typically meant property owner liability for the “slip-and-fall” case. While “slip-and-fall” cases remain popular, landlords and property management companies have become the prime target of multi-million dollar claims for failing to provide adequate security. In these “failure to provide security” cases, the plaintiff, usually…
Property Sellers Beware: Disenchanted Purchasers can be Litigious
9/1/11
By Bart Gary and Arthur Ebbs The southeastern condominium glut in markets such as Atlanta and Miami is no secret. You have likely seen the advertisements informing prospective purchasers of the “great deals” to be had. While lenders and distressed asset specialists work to fill projects with eager bargain hunters, many existing homeowners are becoming…
Complaints and Investigations—Best Practices for All Employers
8/1/11
By Pamela Everett Employers of all sizes continue to experience a rise in complaints of workplace misconduct. In too many instances, these “complaints” are often the proverbial “shot across the bow” from a disgruntled worker who knows his employment is in jeopardy and makes a complaint to forestall further disciplinary action. In other cases, an…
In Medical Malpractice Cases, a Simple Apology Can Go a Long Way
8/1/11
By Shira Adler Crittendon Imagine that in the course of doing your job, someone gets injured as a result of your conduct. Basic human decency compels you to apologize. In the case of medical providers, however, attorneys have traditionally feared that an apology could later be used as an admission for wrongdoing in court. Apologies…