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Georgia
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May 01, 2025
Drew Eckl Digs In To Force Breakaway Firm's Arbitration
Drew Eckl & Farnham LLP renewed its calls for the Supreme Court of Georgia to reconsider an appellate panel's ruling that a breakaway law firm can't be forced to arbitrate a fee dispute, arguing the Georgia Court of Appeals' ruling last month "should not be allowed to become the law."
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May 01, 2025
Frida Kahlo Co. Tries To Revive Suit Against Kahlo Family
A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
Home Depot Faces Tool Rental 'Damage Protection' Suit
Home Depot was hit with a proposed class action in Georgia federal court Wednesday over allegations that it consistently breaches provisions of its rental contracts by unilaterally applying damage protection without customers opting into the service.
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April 30, 2025
Venezuela Chemical Co. Takes Aim At 11th Circ. Decision
A Venezuelan state-owned petrochemicals company is urging the U.S. Supreme Court to clarify which party has the burden of proving whether sovereign immunity applies in litigation targeting foreign countries, as it looks to dodge litigation to enforce a $23 million debt owed to a Florida chemical wholesaler.
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April 30, 2025
Heir Urges 11th Circ. To Revive Beef Over Boar's Head Shares
The grandson of a Boar's Head Provision Company founder urged the Eleventh Circuit on Wednesday to reverse a ruling that barred his counterclaim challenging transfers of shares to a relative, saying the lower court still needed to determine whether the transaction complied with restrictions.
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April 30, 2025
DOJ Urges 11th Circ. To Restore FCA Whistleblower Provision
The U.S. Department of Justice told the 11th Circuit on Wednesday that a Florida federal judge was wrong to rule that the provision of the False Claims Act that lets whistleblowers bring suits on the government's behalf was unconstitutional, arguing that the judge erred in saying whistleblowers were an unappointed part of the federal workforce.
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April 30, 2025
Atlanta Home Health Service Faces Overtime Class Action
An Atlanta home healthcare service was hit with a proposed class action Wednesday over allegations it failed to pay certified nursing assistants proper overtime compensation.
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April 30, 2025
Ga. Panel Backs Benefits For Worker Over COVID Safety
The Georgia Court of Appeals has backed a former salesperson in a long-running fight with the state's Department of Labor over its refusal to pay her unemployment benefits when she quit her job over her company's refusal to follow public health protocols during the pandemic.
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April 30, 2025
Fla. Lender Urges 11th Circ. To OK Arbitration In Fee Suit
A Florida credit union urged an Eleventh Circuit panel Wednesday to overturn a lower court order denying arbitration in a proposed class action over wrongly assessed overdraft fees, saying failure to preregister with the American Arbitration Association isn't grounds for a default.
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April 30, 2025
Ex-Atlanta IG Aims To Toss Lobbyist's Bank Subpoena Suit
The city of Atlanta's former inspector general asked a Georgia federal judge Tuesday to end a lobbyist and city contractor's suit against her over a corruption probe she launched into his dealings with the city, arguing that the Fourth Amendment provides no protections against subpoenas she issued for his bank records.
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April 30, 2025
Steakhouse Fired Ga. Worker For Reporting Bias, Suit Says
The Brazilian steakhouse chain Fogo De Chão has been sued in Georgia federal court by a former employee who said she was fired after complaining about discrimination she and other Black workers experienced at the chain's Dunwoody, Georgia, location.
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April 30, 2025
Biotech Co. Throws Flag On NFL Alumni's Bid To Toss Suit
A biotechnology company accusing the National Football League's largest alumni club of breaking a contract in retaliation for being questioned about its use of government funds told a Georgia federal court Tuesday the company would add details to its suit to head off the club's bid to have the suit thrown out.
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April 30, 2025
Fired Whataburger Worker's Bias Case Sent To Arbitration
A Georgia federal judge said Wednesday a Black and gay ex-Whataburger employee should have to arbitrate his claims that he endured racial and homophobic slurs on the job before being fired, saying he signed a valid agreement to handle employment-related disputes out of court.
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April 30, 2025
Allstate Settles Law Firm's Wrecked Car Fee Coverage Suit
A settlement has been reached in a Georgia law firm's proposed class action against Allstate Insurance Co. over allegations that it failed to pay title transfer fees and license registration fees to insured people who incurred total loss claims.
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April 29, 2025
Examining The EPA's Forever Chemical Plans
The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.
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April 29, 2025
Trump Executive Order Aims To Defend Police In Lawsuits
President Donald Trump has issued an executive order directing the attorney general to help defend police officers from misconduct lawsuits, including arranging private-sector pro bono aid for them.
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April 29, 2025
North Georgia Healthcare Provider Sued Over Data Breach
A regional healthcare provider and a collections agency have been hit with a proposed class action in Georgia federal court over allegations that their lax cybersecurity practices allowed hackers to steal the protected health information of patients during a July 2024 data breach.
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April 29, 2025
Justices Scoff At Feds' Defenses In Mistaken FBI Raid Case
Supreme Court justices Tuesday appeared flummoxed by the government's "ridiculous" arguments it should be immune to a Georgia resident's lawsuit over a mistaken FBI raid on her house, but seemed unlikely to issue a blanket ruling on when an officer's discretion trumps their liability for injuries caused by their actions.
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April 29, 2025
Dominican Republic Not Immune In Postal Suit, 11th Circ. Told
A Florida company suing the Dominican Republic over allegations it failed to pay $10 million after breaching a contract to modernize its postal service told an Eleventh Circuit panel Tuesday the country isn't exempt from legal action, arguing the country can be held liable under exceptions to the Foreign Sovereign Immunities Act.
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April 29, 2025
Ga. Commission To Interview 13 For State High Court Seat
Georgia judges, a law school professor and the general counsel for the Georgia secretary of state are among the 13 applicants selected to be interviewed by the state's Judicial Nominating Commission for a vacant seat on the state Supreme Court.
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April 29, 2025
Ex-Plant Workers Take Aim At Company's Atty Bribe Claims
Two former employees of a plastics manufacturing plant are urging a Georgia federal court to disregard the company's attempt to push liability for an alleged bribery offer sent to their attorney onto a disgruntled former executive rather than the company's current financial director.
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April 29, 2025
Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal
Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.
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April 28, 2025
Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban
Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."
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April 28, 2025
Gov't Reverses Position On Surgery For Trans Prisoners
The Trump administration is rejecting the federal government's previous stance that prison officials are constitutionally required to provide gender confirmation surgery to incarcerated people with gender dysphoria who request the treatment, noting the shift in recent statements to a Georgia federal court.
Expert Analysis
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Appealing An Interlocutory Order On Insurer Duty To Defend
A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.
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Ga. Tort Reform Bill May Help Dampen 'Nuclear' Verdicts
Many aspects of the tort reform bill just passed by the Georgia Legislature — including prohibitions on suggesting damage amounts to juries, and limits to recovering phantom damages — face opposition from the plaintiffs bar, but are a key first step toward addressing excessive damage awards in the state, say attorneys at Alston & Bird.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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As Failure-To-Warn Preemption Wanes, Justices May Weigh In
Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Expect To Feel Aftershocks Of Chopra's Ƶ Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Ƶ's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.