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 legality of commercial products containing cannabinoids derived from hemp. These hemp-derived products are not the…
Georgia legislature passes amendment to O.C.G.A. § 51-12-33 impacting apportionment of fault against non-parties in single defendant cases
4/14/22
By: Tyler Connor In August of 2021, the Supreme Court of Georgia issued its controversial decision in Alston & Bird, LLP v. Hatcher Mgmt. Holdings, LLC, 312 Ga. 350, 862 S.E.2d 295 (2021). The Court ruled that under O.C.G.A. § 51-12-33(b), an action must have been “brought against more than one” defendant for any defendant…
Who can you blame? Georgia Supreme Court decision regarding apportionment sends shockwaves through the legal community.
9/20/21
By: Aaron Miller The Supreme Court of Georgia on August 10, 2021 issued an opinion significantly limiting the apportionment statute in Georgia. The case, Alston & Bird, LLP v. Hatcher Management Holdings, LLC S20G1419, severely limits the situations in which a defendant can apportion fault to a non-party based on statutory law. The statute, O.C.G.A.…
Georgia Legislature Resolves Glaring Issue with Mechanic’s Lien Law
6/11/21
By: Shaun Foley In Georgia, anyone who furnishes labor, materials, or professional services for the improvement of private property has the right to file a mechanic’s lien. Liens are especially useful for contractors who do not receive payment after work is performed because filing one provides them with a security interest in the property. This…
Georgia Federal Court Among the First to Restrict Applicability of Georgia COVID Emergency Orders Extending Statutes of Limitations
6/4/21
By: Wayne Melnick and Carlos Fernandez The COVID-19 pandemic slowed the roll of most, if not all, cases. Now that the brakes are being slowly eased-off, questions are arising about the Georgia Supreme Court’s Emergency Orders that extended the statute of limitations deadlines. A new case from the Middle District of Georgia interpreted the Emergency…
One Man’s Trash: Georgia Court of Appeals Weighs in on Respondeat Superior Following Homeowner’s Altercation with Garbage Employee in Advanced Disposal Servs. Atlanta v. Marczak
4/28/21
By: Steven Grunberg Do you ever feel like your dedication to your job is questioned? For one employee of a garbage and recycling disposal company there is little doubt surrounding the answer to this question. In March 2018, Lorenzo Bucknor was driving an Advanced Disposal Services Atlanta, LLC (“ADS”) recycling truck when he arrived at…
Extension Of COVID-19 Liability Protections For Georgia Businesses May Be On The Horizon
3/9/21
By: Aaron Miller The Georgia House voted 99-68 in favor of House Bill 112 on February 9th, 2021, sending the bill to the Georgia Senate. The bill, which extends liability protections granted to local businesses under the Georgia COVID-19 Pandemic Business Safety Act an additional year, will now need to pass the Senate as well. Should House…
Getting Strict with Georgia’s Apportionment Statute: Johns v. Suzuki Motor Corp
11/24/20
By: Janeen Smith The Supreme Court of Georgia recently held that Georgia’s apportionment statute, O.C.G.A. § 51-12-33, applies to strict products liability claims brought pursuant to Georgia’s product liability statute, O.C.G.A. § 51-1-11. Johns v. Suzuki Motor of Am., ___ Ga. ___ , 2020 Ga. LEXIS 760 (Case No. S19G1478, decided Oct. 19,2020). This means that defense…
Georgia Employers Face Increased Exposure to Claims of Negligent Hiring, Training, Retention and Entrustment for Negligent Conduct of Their Employees
11/5/20
By: Andy Treese and Jake Loken The Supreme Court of Georgia has held that the state’s apportionment statute abrogates the “respondeat superior rule,” a decisional rule of law that had been in effect since 1967. As a result, employers now face increased exposure to liability on independent theories of negligent hiring, training, entrustment, and retention,…
Federal Court Addresses Georgia Restrictive Covenant Rules
10/21/20
By: Ken Menendez Employers regularly grapple with the interpretation and application of the law regarding restrictive covenants. Court rulings in such cases are often drawn narrowly to address the specific facts of the case at issue and therefore can be of limited value in providing guidance to employer and employee alike. In light of this, decisions…
Seeking Sanctions Against a Dishonest Plaintiff
10/19/20
By: Jennifer Adair Sanctions for discovery abuses are not a weapon reserved for the plaintiff, and defense attorneys should not shy away from pulling this arrow from their quiver when misrepresentations by the plaintiff are so egregious that a vigorous cross-examination at trial simply will not suffice. Rather, defendants should consider whether to petition the…
A Death Knell to Georgia’s Draconian Default Law?: Bowen v. Savoy May Be A Defense Lawyer’s Best Tool for Opening 45+ Day Default
9/28/20
By: Janeen Smith The risk posed by failing to timely file an answer in Georgia keeps defense counsel up at night. While no defendant nor defense counsel intends to cause a case to be in default, things happen. The Georgia Supreme Court’s recent clarification of the “proper case” justification for opening default in Bowen v. Savoy,…