FMG BlogLine

The Power of Perspective

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.

The Supreme Court of Georgia Upholds the Offer of Settlement Statute

3/15/10

By:  Matthew P. Stone and Todd H. Surden Today, in Smith v. Salon Baptiste, 2010 WL 889557 (Ga. Mar. 15, 2010), the Supreme Court of Georgia upheld O.C.G.A. § 9-11-68, Georgia’s offer of settlement statute.  The statute, which is part of Georgia’s Tort Reform Act of 2005, allows a defendant to recover reasonable attorney’s fees and expenses of litigation…

Non-settling Co-defendants Be Warned: Set-offs May Be Dead in Georgia

3/1/10

By Sun Choy and Jacob E. Daly In personal injury cases, plaintiffs often sue multiple defendants with “deep pockets” in order to maximize the potential for recovery. If the defendants are determined to be joint tortfeasors, then all defendants are jointly and severally liable for the full amount of the plaintiff’s damages. Consequently, a joint…

Rigid Leave Policies Draw EEOC Ire

3/1/10

By Fred Dawkins and Betsy Turner In early February, the Equal Employment Opportunity Commission (EEOC) finalized the largest single-lawsuit Americans with Disabilities Act (ADA) settlement in its history. Pursuant to that settlement, Sears will distribute $6.2 million to resolve the ADA claims of 235 former employees. In the suit, the EEOC alleged that Sears maintained…

Understanding the Perils of Submitting an Incorrect Public Works Bid

3/1/10

By Arthur Ebbs There is no denying that private construction work is generally down in the present economy. Yet during this lull in private work, it is anticipated that funds from the American Reinvestment and Recovery Act will ultimately provide increased opportunities for contractors to compete for public work. However, bidding on and performing public…

FMG Joins PLAN Network of Law Firms

3/1/10

By Ben Mathis – Managing Partner FMG is pleased to announce that it has become a member of the Professional Lines Attorney Network (PLAN). PLAN is an invitation-only national organization of specialty litigation law firms that have significant professional lines litigation and insurance coverage practices.

Eleventh Circuit Approves of County’s Evidentiary Support for Adult Entertainment Ordinance

2/17/10

By Dana Maine Yesterday, a panel of the Eleventh Circuit Court of Appeals issued a decision providing guidance on the evidentiary support necessary for enacting an adult entertainment ordinance.  The decision supports a government’s reliance on studies and empirical evidence of negative secondary effects when adopting these ordinances, and makes it more difficult for adult…

Simply "Going through the Motions" With E-Discovery Creates Serious Risks

2/1/10

By David Cole It is easy to understand that intentionally destroying evidence during a lawsuit will get you into serious trouble. But an important federal case published last week is making waves in the world of e-discovery because it demonstrates that companies risk serious consequences, even when they do not intentionally destroy evidence, by simply…