9/10/21
By: Amy B. Cowan In recent years, the Georgia Court of Appeals has consistently held that Georgia’s municipal ante litem notice statute requires that any notice of claim served upon a city must contain the specific amount of monetary damages sought stated as an offer of compromise which the city can accept. The Court’s most recent decision is no…
The battle over the gig economy in California continues
9/6/21
By: John Moot A California judge recently ruled that a 2020 ballot measure exempting rideshare and food delivery drivers from a state labor law is unconstitutional because it infringes on the Legislature’s power to set workplace standards. Uber, Lyft and DoorDash spent $200 million dollars qualifying and then getting passed with 58% of the votes a proposition that…
Qualified immunity for private doctors in state correctional and mental health facilities
8/23/21
By: Jacob E. Daly Although the U.S. Supreme Court hears and decides cases between October and late June/early July every year, litigants file petitions for a writ of certiorari year-round. Thousands of cert petitions are filed every year, and so the odds of any particular petition being granted are slim. One recently filed petition, however, bears monitoring. See…
Critical development in Ninth Circuit self-incrimination Caselaw
8/13/21
By: Parisa Saleki The Ninth Circuit recently held that where a police officer obtains a suspect’s statements in violation of Miranda v. Arizona, 384 U.S. 436 (1966), and prosecutors introduce those statements at a state criminal trial, the suspect may assert a §1983 claim for damages against the officer. Tekoh v. County of Los Angeles, 985 F.3d…
6/24/21
By: Tia Combs and Racheal Slimmon On Wednesday, the U.S. Supreme Court reversed a controversial holding by the Third Circuit that schools cannot regulate students’ speech outside of the school’s walls. In doing so, the Court reaffirmed that while a school’s ability to restrict student speech outside of the schoolhouse gates is less than it…
Certiorari in the Georgia Supreme Court by the Numbers
6/22/21
By: Jacob Daly The Georgia Court of Appeals has just ruled against your client, and so you’re considering whether you should file a petition for a writ of certiorari in the Georgia Supreme Court. Your client wants to know the likelihood of your petition being granted and, if it is granted, what the possible outcomes are…
Proposed Changes to the HIPAA Privacy Rule
5/13/21
By: Joseph Colette The United States Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) has announced new changes to the Standards for the Privacy of Individually Identifiable Health Information under the Health Insurance Portability and Accountability Act (the “HIPAA Privacy Rule”). The revisions to the HIPAA Privacy Rule address the following…
The Supreme Court Considers Discipline for Off-Campus Student Speech
5/3/21
By: Rachael Slimmon Last week the Supreme Court heard oral argument in a case that tests the boundaries of a school’s right to control the off-campus speech of its students. In Mahanoy Area School District v. B.L.,a Pennsylvania public high school student expressed her frustration over not making the varsity cheerleading team by posting a…
Clemson University Settlements Highlight Trends in Title IX Sports Claims
4/27/21
By: Candice Jackson and Wayne Melnick As colleges and universities face budget shortfalls that may be especially sharp due to challenges posed by COVID-19, two pre-litigation settlements reached by Clemson University last week highlight the risks to educational institutions of patching budget deficits by cutting sports teams. Citing financial challenges caused by COVID-19, Clemson announced…
FMG Education Law Blog Series: Special Education Issues Facing Schools in the COVID-19 Era
4/22/21
By: Tia Combs and Candice Jackson Part 2: “A Year Online” A New and Deadly Virus In January 2020, few Americans were aware the outbreak of a novel coronavirus that was about to dramatically alter how nearly every person and institution conducted their daily lives. On January 29, 2020, there were only five cases total…
4/19/21
By: Candice Jackson and Robert A. Cutbirth April is Sexual Assault Awareness Month. On the first day of this important month, the California Supreme Court issued Brown v. USA Taekwondo. Arising from allegations of sexual assault by members of the United States’ women’s taekwondo team against their coach and the sport’s governing bodies, the decision redefines the process Courts must undertake…
Georgia’s New Elections Law May Have Effects For Local Governments
4/15/21
By: William J. Linkous, III Georgia’s new elections law, which has been widely reported upon nationally, passed the Georgia General Assembly during the 2021 session and was signed into law by Georgia Governor Brian Kemp near the end of March. The 95-page revision may significantly affect the operations of local governments, which are often tasked…