More States are Following New Jersey’s Lead in Enacting Legislation to Require Insurers to Cover COVID-19 Losses
3/31/20
By: Erin Lamb and Ben Dunlap
FMG reported extensively after New Jersey began debating a bill that would force insurers to cover Business Interruption losses arising from COVID-19. The New Jersey bill would require courts to ignore virus and bacteria …
Local Governments Face First Amendment Challenges to Coronavirus Emergency Orders
3/27/20
By: Andy Treese
Can the government ban public gatherings, church services, political rallies, or protests during a global pandemic? The question isn’t hypothetical. Federal, state and local officials across the United States are struggling to prepare appropriate emergency orders targeted …
COVID-19 Closes Schools Across the United States: United States Department of Education Releases New Guidance for Schools During Coronavirus Outbreak
3/19/20
By: Tia J. Combs
Many schools across the county have closed or are operating virtually due to the COVID-19 outbreak. On March 12, 2020, the US Department of Education released two documents with new guidance for schools and educators faced …
Does Shooting a Fleeing Suspect During an Escape Constitute a Seizure?
2/7/20
By: Sun Choy
It has been generally accepted that the intentional application of force constitutes a “seizure” for purposes of the Fourth Amendment. But what happens if the intentional use of force does not result in terminating an escape? This …
California Police Deadly Force Statute: Law or Guidance?
1/28/20
By: Caleb Saggus
The California State Legislature recently enacted a criminal statute aimed at police officer use of force, which went into effect January 1, 2020 (Assembly Bill 392). Prior California state law permitted an officer to use reasonable force …
Section 1983 First Amendment Retaliation by Litigation: SOL without PC
1/14/20
By: Brent Bean
“When angry count to ten before you speak. If very angry, count to one hundred.” – Thomas Jefferson
In a case of first impression in the Eleventh Circuit, the Court held that in a Section 1983 First …
To Pursue or Not to Pursue
1/10/20
By: Sara Brochstein
The City of Atlanta Police Department has announced that its officers will no longer engage in vehicular pursuits while it takes time to review its pursuit policies. This decision comes in the face of recent deadly crashes …
Open Government, Retaliation and Redress: Case Study from Florida
12/6/19
By: Michael Kouskoutis
Florida is well known for its robust public records law, where, upon receipt of a public records request, custodians of public records are required to promptly acknowledge the request, then permit the requested records to be inspected …
Current Legal Issues Facing Supportive Housing Facilities
12/2/19
By: Joseph Colette
FMG Partner H. Joseph Colette discussed “Current Legal Issues Facing Supportive Housing Facilities” at the Georgia Supportive Housing Association’s 9th Annual Supportive Housing Conference, held at the State Bar of Georgia from November 18th to …
In the Driver’s Seat: Supreme Court Hears Oral Arguments in Kansas v. Glover
11/11/19
By: Rachael Slimmon
On November 4, the United States Supreme Court held oral arguments in the case of Kansas v. Glover. The Court examined whether a police officer may conduct a traffic stop solely because the vehicle’s registered owner …
Municipalities Continue Winning at Georgia Court of Appeals
10/31/19
By: Sun Choy and Wes Jackson
Last week the Georgia Court of Appeals issued a favorable ruling for the City of Statesboro that will benefit municipalities (and their insurers) across the state. The decision included two advantageous decisions for municipalities …
California Attempts to Change Standard of Liability for Use of Force Claims
8/29/19
By: Sara Brochstein
Earlier this month, California enacted a new measure that goes into effect in 2020 altering the use of deadly force standard for law enforcement officers. The law was originally introduced in response to the March 2018 shooting …