Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman
In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful …
Who Can Lobby?
1/8/18
By: Allan J. Hayes
Most businesses are subject to federal, state and local laws and regulations. The business value at stake from legislative and government regulatory intervention is huge: about 30 percent of earnings for companies in most industries, according …
In Defending Legal Malpractice Suits in Georgia, When Subsequent Legal Counsel Was Retained Could Be Crucial
11/30/17
By: Jessica C. Samford
When dealing with a lawsuit alleging legal malpractice, one of the first lines of defense in Georgia is O.C.G.A. § 9-11-9.1, which requires that an expert affidavit be filed at the same time as the complaint. …
Arbitration Clauses Are Only As Good As the Signatory’s Power to Bind, Obviously
11/29/17
By: Shaun Daugherty
A name is just a name when it was found on the signature line of an arbitration agreement between a Tift County Georgia nursing home and one of its residents. A U.S. District Judge in the Middle …
Professional Negligence Claim Against Georgia Design Professional Survives Economic Loss Rule
11/27/17
By: Cheryl H. Shaw
Georgia’s economic loss rule bars recovery in tort for economic losses arising from a contract. The idea behind the rule is that simple: When a dispute involves strictly economic losses, the parties should resolve their claims …
Recent Cases Remind Georgia Employers to Update Restrictive Covenant Agreements
11/6/17
By: Amy C. Bender
Many employers, in an effort to protect their valuable personnel and information, require employees to sign agreements containing restrictive covenants, which may include covenants not to compete, not to solicit employees or customers, or not to …
Does Being Behind Bars Bar a Criminal Malpractice Claim?
10/25/17
By: Sara E. Brochstein
It is well established that in a legal malpractice action, a plaintiff has the burden of proving three elements: (1) an attorney-client relationship with the defendant attorney; (2) failure of the attorney to exercise ordinary care, …
Federal Circuit Scorecard – Title VII & Sexual Orientation Discrimination
10/13/17
By: Michael M. Hill
A Georgia case is in the running to be the one the Supreme Court uses to resolve the question of whether Title VII of the Civil Rights Act of 1964 (which prohibits employment discrimination on the …
Apartment Management and Owners Increasingly on the Hook for Violent Crime
9/26/16
By: Wes Jackson
Unknown assailants killed a 33-year-old father of three during an apartment robbery in 2015. Earlier this month, a Clayton County jury determined the apartment complex where the robbery occurred is liable for half of the $20 million …
Mission: Impossible – Rogue Onions
8/20/15
By: Seth Kirby
After trailing the tractor-trailer from the shipyard to the warehouse facility, the surveillance team scrambled to obtain a view of the unloading process. Using their sophisticated camera equipment they hoped to be able to record evidence that …
Court of Appeals Explains the Limits of Penalties for Violations of Georgia’s Open Meetings Act
7/27/15
By: Kevin Stone
Earlier this week, in Gravitt v. Olens, 2015 WL 4314382, the Georgia Court of Appeals clarified several provisions of Georgia’s Open Meetings Act (“OMA”). In Gravitt, during a meeting of the Cumming City Council, a …
Changes to Property Tax Appeals in Georgia
5/4/15
By: M. Michelle Youngblood
Taxes. For most Americans, that word immediately brings to mind the 15th of April and the payment of federal income taxes. But as property owners in Georgia are well aware, there is another kind of …