A House of Cards: Stacking Inferences to Prove Liability
5/10/18
By: Melissa Santalone
A Florida appellate court recently reaffirmed Florida’s state law prohibition against stacking inferences in personal injury cases with a reversal of a $1.5 million verdict in a slip-and-fall case against Publix. In Publix Super Markets, Inc. v. …
Georgians: Hang Up and Drive
5/9/18
By: Wesley C. Jackson
Beginning July 1, 2018, it will be illegal for Georgians to hold their phones while driving. The new law was signed by Governor Nathan Deal on Wednesday May 2, 2018.
How might this new law effect …
2018 GA Legislative Session Adjournment Report
5/4/18
By: Allan J. Hayes
The Georgia General Assembly adjourned sine die the 2018 legislative session late night on March 29. What follows is a list and summary of all bills tracked by FMG this session. Governor Nathan Deal must sign
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Circuits Now Split Three Ways Over False Claims Act Limitations Period
4/26/18
By: Robyn Flegal
The Eleventh Circuit Court of Appeals (governing Georgia, Alabama, and Florida), recently held that the three-year statute of limitations for the False Claims Act (FCA) begins when the government learns of alleged violations of the FCA, rather …
Ordinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In $22 Million Reversal
4/17/18
By: Shaun Daugherty
The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for liability are distinctly different, but in certain factual scenarios there …
Eleventh Circuit’s Notice Requirement Read into Telecommunications Act
4/5/18
By: Dana K. Maine
In an opinion issued Monday, Athens Cellular, Inc. v. Oconee County, Georgia, et al, a panel of the Eleventh Circuit determined that a decision under Telecommunications Act (“TCA”) was “final” when the local government adopted …
Pay-When-Paid Clauses: A Cautionary Tale
3/28/18
By: Jake Carroll
With the recent surge of construction projects in Georgia, the memories of owner and developer bankruptcies following the 2008 financial crisis may have grown dim. Nevertheless, material suppliers and subcontractors must remember that when the pace slows …
Congress Steps Into Tip-Pooling Fight
3/23/18
By: Timothy J. Holdsworth
We wrote previously about the background on the tip-pooling regulations and the DOL’s Notice of Proposed Rulemaking (“NPR”) that would allow tip-pooling arrangements that include employees who do not regularly and customarily receive tips under the …
Need a Lyft? Georgia Court of Appeals Decision Raises Coverage Questions for Ridesharing Services and Their Drivers
2/19/18
By: Connor M. Bateman
Most personal automobile insurance policies exclude coverage for damages that result from the ownership or operation of a vehicle used as a “public or livery conveyance.” Although typically undefined in the policy, this phrase has generally …
Beware The Egg Shell Plaintiff
2/13/18
By: Jared K. Hodges
Recently, a jury from a historically conservative venue in Georgia awarded $2.7 million to a man who claims he was injured in a 4 m.p.h. rear-end collision. This unusual verdict should serve as an expensive reminder …
Enforcing an HOA Covenant
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Show Me the Money! Georgia Court of Appeals Affirms HOA’s Right to Recover Attorneys Fees
1/31/18
By: Cheryl H. Shaw
Community associations are funded through assessments paid by property owners. When owners fail to pay, the association’s ability to meet financial obligations and provide for upkeep of the community is diminished. Common area repairs and replacements …