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.
Supreme Court of Georgia does an About Face on Preserving Coverage Defenses
7/5/12
By: Phil Savrin
Three weeks ago, I blogged that even though the Supreme Court of Georgia held that defending an insured without a reservation of rights waived coverage defenses, the standard for preserving defenses was easy to meet. Since then, the Supreme Court issued its decision in Hoover v. Maxum Indemnity Company that turns the
Electronic Medical Records – Saving More Than Trees
6/29/12
By: Scott Rees
A recent Harvard study found medical malpractice claims dropped in Massachusetts after doctors began using electronic records. The study tracked 275 doctors, and of those, 33 were targeted by malpractice claims. Only two of the malpractice claims occurred after those physicians had switched to electronic medical records. This
Supreme Court Upholds Health Care Mandate, but States May Avoid Medicaid Expansion
6/28/12
By Ben Mathis In a 5-4 opinion authored by Chief Justice John Roberts, the Supreme Court upheld the key “individual mandate” provision of the Patient Protection and Affordable Care Act. Contrary to early media reports, however, a divided and more complicated part of the decision gives individual States the right to avoid participating in the expansion…
The Eleventh Circuit Rules First Restrictive Covenant Law as Unconstitutional
6/27/12
By: Bradley T. Adler
For those that have followed the saga over the passage of the new restrictive covenant law, the Eleventh Circuit (without much fanfare) has chimed in on the issue and ruled that the Georgia legislature’s first attempt to pass the employer-friendly statute (known as HB 173) was constitutionally deficient. As a
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 disclaimer letter. To briefly review the facts, Hoover sued his employer (EWES) for injuries sustained while climbing from a…
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 may further the trend of State legislation attempting to restrict undocumented individuals.
Supreme Court Rules Pharmaceutical Sales Reps Are Exempt
6/21/12
By: Bradley T. Adler and Martin B. Heller
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 which had ruled
Implications of Wisconsin Recall Vote on Public Sector Unions
6/20/12
By: Jason L. 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 implications for public sector unions in Wisconsin and, potentially, elsewhere in the United States.
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 form the basis of a hostile work environment claim, the jury could consider discrete acts