FMG’s BlogLine features an array of articles written by our attorneys who cover recent legal trends and developments both locally and nationally. Explore our blogs on a multitude of legal and industry topics.
Workers Compensation Model to Replace Georgia's Medical Malpractice System?
8/1/12
By: Scott Rees
A recent study of 330 Georgia physicians indicated Georgia physicians are overwhelmingly in favor of proposed legislation to make such a change. Instead of the current legal system in place, the workers compensation model would allow a patient to file a claim for review by a panel. If the panel found
Georgia Court Raises Standard for Whistleblower Actions
7/30/12
By: Kelly Morrison
The Georgia Court of Appeals, in Fulton County v. Colon, recently issued a ruling on whistleblower lawsuits, which may significantly narrow the scope of actions that can be brought aga
inst governmental entities by disgruntled employees.
The Court of Appeals held that whistle-blower protection is limited to complaints which are related to a state-funded program
Federal Court Changes Liability Standard for Georgia's Directors and Officers
7/30/12
By: Mary Anne Ackourey and Kelly Morrision
In the wake of the mortgage housing crisis, more banks have failed in Georgia than in any other state. A reflection of this troubling statistic is that a number of cases have been filed by the Federal Deposit Insurance Corporation (FDIC) against bank officers and directors. These cases allege personal liability due to
Extreme Limits of Protected Speech for “Symbolic” Nudity?
7/23/12
By: Sun Choy
A Portland judge recently ruled that a man who stripped naked at an airport to protest TSA screening is not guilty of indecent exposure charges, because “symbolic” nudity is protected free speech under Oregon law. As reported by The Portland Mercury, “the judge determined that [the defendant’s] derobing was a
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By: Kamy Molavi
On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of 182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in the payment applications were not lienable because they were not labor, services, or materials which
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By Kamy Molavi On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in the payment applications were not lienable because they were not labor, services, or materials which actually went into…
Georgia Supreme Court Upholds Apportionment Statute
7/10/12
By Sun Choy and Jake Daly Yesterday the Georgia Supreme Court issued its much-anticipated opinion inCouch v. Red Roof Inns, Inc., which involved a challenge to the validity and constitutionality of Georgia’s apportionment statute, O.C.G.A. § 51-12-33. The case arose out of a third-party criminal attack on a guest of a motel, who subsequently sued the owner and…
Georgia Supreme Court Expands Diminution in Value Analysis to All Property Damage Claims
7/9/12
By: Seth Kirby
For the last decade, Georgia auto insurers have been required to compensate accident victims for the inherent loss in value that a car suffers when it has been in an accident. This loss is known as diminution in value. Essentially, it is a recognition that a car that has been in
Supreme Court of Georgia Expands Waiver of Sovereign Immunity for Motor Vehicle Claims
7/9/12
By: Sun Choy
Last week, the Supreme Court of Georgia held in Gates v. Glass that the General Assembly created a “two-tier scheme” for waiving sovereign immunity in motor vehicle claims against cities and counties when it amended O.C.G.A. § 33-24-51 and enacted O.C.G.A. § 36-92-2. In the process