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Georgia
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September 26, 2024
Edible Arrangements Says Zurich Shirked Policy Duties In $4M Suit
Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.
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September 26, 2024
11th Circ. Affirms Convictions In Fla. Shark Rescue Case
The Eleventh Circuit upheld felony theft convictions for two Florida tour boat divers who were prosecuted for freeing sharks they believed were illegally poached, but turned out to be part of a research project conducted with a permit granted by the National Oceanic and Atmospheric Administration.
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September 26, 2024
Feds Rip Railroads' 11th Circ. Bid To Void Train Crew Size Rule
The U.S. Department of Transportation has told the Eleventh Circuit that its new train crew size rule is intended to promote rail safety, yet railroads have misconstrued the requirement and overblown their purported cost burdens in an effort to torpedo the rule.
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September 26, 2024
Causation Claim Came Early, BP Spill Workers Tell 11th Circ.
Cleanup workers of BP's Deepwater Horizon spill who say they were sickened by exposure to crude oil urged the Eleventh Circuit Thursday to reverse a judgment in favor of the company, arguing a Florida judge jumped the gun in tossing expert testimony about the links between their work and the respiratory conditions the workers say they developed.
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September 26, 2024
Obesity Drug Developer Leads 2 Upsized IPOs Totaling $310M
Obesity-focused drug developer BioAge Labs Inc. gained in debut trading Thursday after raising $198 million through an upsized initial public offering, leading one of two new listings that netted a combined $310 million under the guidance of four law firms.
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September 26, 2024
Ford Says $1.7B Ga. Verdict No Excuse For Delayed Claims
Lawyers for Ford Motor Co. said Thursday it strains credulity that Super Duty truck drivers didn't learn about their allegedly weak roofs until a billion-dollar jury verdict in Georgia, arguing in Michigan that decades of other suits and government documents could have clued in the plaintiffs sooner.
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September 26, 2024
Ala. College Urges 11th Circ. To Grant Immunity In FMLA Suit
The University of Alabama Board of Trustees urged the Eleventh Circuit on Thursday to reverse a lower court order allowing a former research associate's Family and Medical Leave Act complaint to proceed, arguing that it's entitled to sovereign immunity under the military caregiver provision of the law.
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September 26, 2024
Bakery Wants Out Of $16M Payment To Pension Fund
An Indiana wholesale bakery company asked the Eleventh Circuit on Thursday to reverse an order for the bakery to pay a union pension fund $15.6 million, arguing that the pension fund's interpretation of the Multiemployer Pension Plan Amendments Act conflicts with the plain text of the statute.
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September 26, 2024
Ga. Judge Halts Election Over Sapelo Island Zoning Change
A Georgia state judge pulled the plug on a special election Gullah Geechee residents of Sapelo Island initiated to try to overturn a McIntosh County zoning change that more than doubled the size of dwellings allowed in their Hogg Hummock community.
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September 26, 2024
11th Circ. Signals Fired Coach's Claim Can't Ride On Her Team
An 11th Circuit panel signaled Thursday that the disparate funding of men's and women's collegiate athletic programs was likely not enough to sustain a fired Georgia Tech basketball coach's Title VII claim of sex-based discrimination against the program.
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September 26, 2024
11th Circ. Wary Of Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 in 2008 and 2009 urged the Eleventh Circuit on Thursday to overturn a district court order refusing to vacate their prison sentences.
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September 26, 2024
Ex-NBA Star Tells Jury He Was Duped By Ga. Businessman
Former NBA superstar Dwight Howard told a Manhattan federal jury Thursday that an Atlanta businessman tricked him into making a $7 million investment that he thought was for the purchase of a women's basketball franchise, a promise that turned out to be "a slap in the face."
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September 25, 2024
8th Circ. Told Student Debt Relief Should Remain Blocked
Seven Republican-led states are asking the Eighth Circuit to finalize its court order blocking the Biden administration from implementing its second attempt at student loan forgiveness, accusing the White House of "hiding the ball" on the true cost of the plan.
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September 25, 2024
11th Circ. Reverses DOJ Defeat In $400M Kickback Case
The Eleventh Circuit on Wednesday held that a lower court should've admitted prosecutors' evidence of alleged co-conspirators in a $400 million health insurance fraud case, finding that an exclusion to the hearsay rule was misapplied by the district court in the closely watched Anti-Kickback Statute litigation.
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September 25, 2024
Power Plant Insurers Take GE Arbitration Fight To 11th Circ.
Insurers for an Algerian power plant that sustained losses from a defective gas turbine told an Eleventh Circuit panel Wednesday that a lower court wrongly forced arbitration, arguing it was not subject to that provision as a third-party beneficiary in a services contract with General Electric.
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September 25, 2024
11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight
An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.
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September 25, 2024
Ga. Voting Groups Sue Over New State Election Law
The Georgia State Conference of the NAACP and the Georgia Coalition for the People's Agenda slammed Secretary of State Brad Raffensperger with a complaint, seeking an injunction of certain provisions of a new election law sanctioning voter removals based on alleged address changes.
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September 25, 2024
Car Dealer Admitted It Won't Hire Women In Sales, Suit Says
A woman who applied to work for a Duluth, Georgia, car dealership is suing the company for discrimination, claiming it hired a less qualified man after a sales manager had told her it stopped hiring women as salespeople after a woman working in that role sued it for sexual harassment.
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September 25, 2024
Julie Chrisley Gets No Slack In Resentencing From Ga. Judge
Julie Chrisley, the former real estate mogul and reality TV star who was convicted of running a yearslong bank fraud scheme with her husband, Todd, was resentenced Wednesday by a Georgia federal judge to the same seven-year prison term she first received nearly two years ago.
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September 25, 2024
Lin Wood's Former Partners Rip 'Outright Lies' Over Assets
A Georgia federal judge sided with former law partners of retired attorney L. Lin Wood, urging Wood to testify next week after being accused of concealing a $4 million asset and claiming in "outright lies" that he couldn't post a more than $4.7 million bond as he appeals a $3.75 million defamation verdict against him.
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September 25, 2024
Production Co. Drops Lil Uzi Vert Manager From Fees Suit
A California-based company suing rapper Lil Uzi Vert for failing to pay more than half a million dollars in concert design and production costs told a Georgia federal judge it is dismissing a breach of contract claim against the rapper's manager, Amina Diop.
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September 25, 2024
Ex-NY Congressman Argues He Can Be A Fair Federal Judge
President Joe Biden's nominee for the Northern District of New York told lawmakers on Wednesday that his previous stint as a member of the U.S. House of Representatives won't impact his role as an objective federal judge.
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September 25, 2024
Norfolk Southern Names New CLO After Ouster Of Execs
Norfolk Southern Corp. has promoted an employee who has worked in its legal department since 2010 to serve as its chief legal officer following the firing of the woman who previously held the post over her relationship with the transportation giant's ousted CEO.
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September 25, 2024
State Telecom Roundup: States Pass Their Own 'Mini-TCPAs'
Not content to let the federal government do all the legislating when it comes to telemarketing, states have spent the last couple of years crafting their own "mini-TCPAs" that expand liability beyond the parameters of the federal Telephone Consumer Protection Act and provide private rights of action for their citizens under state laws.
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September 24, 2024
11th Circ. Weighs 'Good Cause' In Franchise Termination Suit
The Eleventh Circuit on Tuesday considered whether Hyundai Motor Corp. acted with "good cause" when it terminated a franchise owner's dealership contracts over sexual assault charges against the franchise owner's son, with arguments largely focused on whether the carmaker acted with "good cause."
Expert Analysis
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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Opinion
Law Firm Reactions To Campus Protests May Chill DEI Efforts
Law firm decisions to rescind or withhold job offers based on candidates' pro-Palestine activism could negatively affect diversity, equity and inclusion efforts in the legal profession, compounding existing hiring and retention challenges, say Noor Shater at Penn Carey Law School, and Peter Farah and Jalal Shehadeh at the Palestinian American Bar Association.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.