7/21/22
By: Alexia Roney
Due to countless police procedurals, the American public can recite from heart the Miranda warning – that a suspect has the right to remain silent, that anything they says can be used against them in a court …
7/21/22
By: Alexia Roney
Due to countless police procedurals, the American public can recite from heart the Miranda warning – that a suspect has the right to remain silent, that anything they says can be used against them in a court …
Persistent Risks and Regulations: New Health Advisories For PFAS
6/21/22
By: Joshua G. Ferguson and Alec D. Tyra
On June 15, 2022, the EPA released health advisories for four PFAS compounds – PFOA, PFOS, GenX and PFBS. The new health advisories are significant for three reasons. First, new health …
New York Comprehensive Insurance Disclosure Act Updates 2022
5/5/22
New York enacted the Comprehensive Insurance Disclosure Act on December 31, 2021 (the “Act”). When originally signed, Governor Hochul requested that the Senate consider certain amendments to reduce or clarify the burden on litigants. The Act …
5/4/22
By: Michael M. Hill
In a sea change for antidiscrimination laws, the Supreme Court ruled in Cummings v. Premier Rehab Keller, P.L.L.C. that, under certain federal statutes, plaintiffs cannot obtain damages for mental or emotional distress. The statutes implicated by …
U.S. Supreme Court Addresses Parameters of Free Speech
5/3/22
By: Doug Holthus
On May 2, 2022, the United States Supreme Court announced its decision in Shurtleff v. City of Boston, et al., 596 U.S. _ (2022). The primary issue presented: the parameters of freedom of speech.
The City of …
Georgia Sparks Further Cannabis Debate
4/20/22
By: Wayne S. Melnick and Carlos A. Fernandez
The legalization of cannabis continues to cause chronic concern in Georgia. Recently, the State of Georgia and Patsy Austin-Gatson, Gwinnett County District Attorney, were named as defendants in a suit challenging the …
Supreme Court clarifies “favorable termination” requirement for malicious prosecution claims
4/12/22
On April 4, 2022, the United States Supreme Court made it easier to bring a § 1983 claim for malicious prosecution by defining “favorable termination” to mean that the plaintiff’s underlying criminal prosecution ended without a …
Takeoff of 5G service delayed near some U.S. airports
1/25/22
The largest airlines in the U.S. released a statement this week stating that the new 5G wireless service, if rolled out near airports, would interfere with aircraft technology and cause flight disruptions. The airline industry warned …
PFAS legislation in 2021 and impact in 2022
1/17/22
By: Alec D. Tyra
Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals. PFAS exhibit both grease repelling (lipophobic) and water repelling (hydrophobic) properties due to their unique chemical structure. By being …
No mask required: Fifth Circuit grants stay in E.T. v. Paxton
12/16/21
By: Tia J. Combs
On July 29, 2021, Governor Greg Abbott of Texas issued Executive Order GA-38, which provided, among other things, that “[n]o governmental entity, including…a school district…and no governmental official may require any person to wear a face …
Proposed amendments to Federal Rule of Evidence 702
11/2/21
By: Jacob E. Daly
The federal judiciary’s Advisory Committee on Evidence Rules has proposed two significant amendments to Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony. These amendments would change Rule 702 as follows (additions are …
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 …