Do You Have a Constitutional Right to Smoke on Public Property?
By: Sun Choy According to the United States Court of Appeals for the Eighth Circuit, there is no constitutional right to smoke on public property. In Gallagher v. City of Clayton, Missouri, the court rejected plaintiff’s request to declare smoking “a new fundamental right ‘because of tobacco’s ancient traditions in American history’” as well as…
The Pitfall of Coverage by Estoppel in Georgia
By: Philip W. Savrin
The Supreme Court of Georgia swept aside many decades of case law recently when it decided that an insurer cannot rely on policy provisions to deny coverage if it defends its insured without reserving its rights. Before the World Harvest decision, the cases seemed to require that the insured had to show that