Some Potential Certainty in an Outcome in an Uncertain Medical Malpractice World
7/12/19
By: Shaun Daugherty
Medical malpractice claims can be dangerous in front of a jury and some recent Georgia verdicts are proof of that. In Georgia, as many other states, medical doctors typically have consent clauses in their professional liability policies …
McKinney Due Process Analysis Alive and Well in the Eleventh Circuit
4/9/19
By: Dana Maine
This will be a short blog: “The question before us is whether a litigant in this Circuit has a substantive-due-process claim under the Due Process Clause of the Fourteenth Amendment when the alleged conduct is the unlawful …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
EB1 Success Story
12/20/18
By: Kenneth Levine
The FMG Immigration Group was retained in June 2018 to prepare an EB1 “Alien of Extraordinary Ability” petition on behalf of Woman International Chess Master Mariam Danelia. Mariam, who hails from the country of Georgia, was residing …
In the Land of Insurance Coverage, Specificity is King
12/13/18
GA Court of Appeals Finds Insurer Must Cover Millions in Damages Because of Policy Ambiguities
By: Brandon Howard
Whenever a court suspects an insurance policy is “ambiguous,” anxiety strikes the minds of both coverage counsel and insurers alike. For coverage …
Dealing with Nonparty Document Requests
12/4/18
By: Ze’eva Kushner
As an executive or business owner, at some point you may receive a request to produce documents relating to your business from a party to a lawsuit that does not involve your company. There are a variety …
Protecting In-House Correspondence from Disclosure: The Troublesome “CC”
11/28/18
By: Jake Carroll
Commercial disputes present complex issues of causation—what caused the accident, who is responsible, what is impacting company revenue. But before the dispute even arises, in-house attorneys are frequently copied on correspondence with team members and employees evaluating …
Closings Gone Bad
10/25/18
By: Dana Maine
Nathan Hardwick IV was convicted by a Northern District of Georgia federal jury on October 12, 2018 of embezzling $26 million from the accounts of his former firm, Morris Hardwick Schneider. $20 million of this amount was …
Who’s Liable for Letting the Dogs Out?
10/23/18
By: Wes Jackson
“Cry ‘Havoc!,’ and let slip the dogs of war.”
William Shakespeare, Julius Caesar act 3, sc. 1.
Havoc indeed—in a case argued before the Georgia Supreme Court on October 10, two pit bulls slipped out of …
An Examination of the Interpretation of Free Recreation
10/15/18
By: Kevin Stone
In Georgia, if property is open free of charge for recreational purposes, the landowner is normally immune from liability for injuries occurring on the property. A court can decide this as a matter of law without sending …
Murphy's Law and The Exception to Georgia's Impact Rule
9/17/18
By: Jason Kamp
Claims for negligent infliction of emotional distress are limited by the Impact Rule in Georgia. In a recent attempt to keep the sole exception from swallowing the Impact Rule, the Supreme Court of Georgia may have done …
Eleventh Circuit Again Rejects Claim That Title VII Prohibits Discrimination On The Basis Of Sexual Orientation
7/23/18
By: Bill Buechner
In Bostock v. Clayton Co. Bd of Comm’rs, 723 F. App’x 964 (11th Cir. 2018), the Eleventh Circuit again held that Title VII does not prohibit discrimination on the basis of sexual orientation. In doing …