Use It or Lose It: Georgia Court of Appeals Upholds Finding of Arbitration Waiver
12/12/16
By: Jake Carroll
Recently, the Georgia Court of Appeals held that a party’s conduct in an original cause of action can constitute a waiver of its right to arbitrate in a renewed action. The opinion brings Georgia jurisprudence in line …
OSHA’s New Rule Requires Electronic Filing and Ditching the Post-Accident Drug Test
12/5/16
By: Daniel Nicholson
Employers may need to rethink their onsite injury and illness policies after the Occupational Safety and Health Administration (OSHA) released a new rule titled “Improve Tracking of Workplace Injuries and Illnesses.” With the objective of improving the …
A New Ruling in the SawStop vs. Bosch Lawsuit
10/24/16
A favorable court ruling should be giving SawStop some confidence in its ongoing patent dispute with Bosch concerning the sale of Bosch’s REAXX table saws, but it doesn’t mean that REAXX customers will be left in …
How Can Bosch Release a Saw Given the Current Lawsuit?
10/20/16
Bosch announced in April that it will release its Reaxx table saw despite an ongoing patent dispute with SawStop. News of the June 1st delivery date was accompanied by a press release highlighting the safety features …
The Foundation to Deny Coverage May Have Cracks
9/26/16
By: Bart Gary and Brian Lake
In Cypress Point Condo. Ass’n, Inc. v. Adria Towers, L.L.C., 226 N.J. 403 (2016), decided August 4, 2016, the Supreme Court of New Jersey affirmed a Court of Appeals decision that a condominium …
8/22/16
By: Bart Gary and Tim Holdsworth
Earlier this month, in Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Co., the Eleventh Circuit certified to the Florida Supreme Court the question of whether Florida’s statutory notice and repair process constitutes …
How to Prevent Your Own Millennium Tower Slump
8/18/16
By: Daniel A. Nicholson
The affluent inhabitants of San Francisco’s Millennium Tower may be experiencing a sinking feeling as the first lawsuits concerning the tower’s reported sixteen inch drop and two inch tilt were filed last Tuesday. Residents claim that …
6/7/16
By: Bart Gary and Brian Lake
A software vendor entered into a written contract with the Georgia Department of Labor (GaDOL) to develop computer software. The contract required a certain completion date and contained a stipulation that amendments to the …
Georgia Adopts Protection for Design Professionals from Hold Harmless Clauses
5/11/16
By: Bart Gary
Georgia recently adopted legislation that declares an indemnity or hold harmless agreement in connection with or collateral to a contract or agreement for engineering, architectural, or land surveying services against public policy and void and unenforceable. The …
Accident at Wrigley Field and What that Means in the Insurance World
4/4/16
By: Jessica Samford
As “March Madness” comes to an end, many are gearing up for “America’s [original] Pastime”—baseball. The baseball stadiums themselves need to be ready for the new season and fans, and the iconic Wrigley Field has been undergoing …
Pre-Trial Ruling Gives SawStop an Edge Over Bosch
3/11/16
By: Daniel Nicholson
SawStop and Bosch continue to litigate over Bosch’s proposed 2016 release of Reaxx table saws, but SawStop received a favorable ruling from the U.S. International Trade Commission last month.
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
