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Georgia
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August 21, 2024
Ga. Justices Look Ready To Kill $20M Garnished Judgment
The Supreme Court of Georgia appeared inclined Wednesday to toss a $20 million default judgment that a state court judge slapped on a financial advisory after the firm failed to respond to a summons in an underlying case it claims it had zero stake in.
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August 21, 2024
11th Circ. Affirms Toss Of Banana Wall Art Copyright Suit
The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar."
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August 21, 2024
Ga. City Asks Full 11th Circ. To Review Race Bias Suit Revival
A southern Georgia city is urging the full Eleventh Circuit to reconsider a panel decision that revived a white city manager's lawsuit claiming it unlawfully fired him to hire a Black woman, arguing the panel improperly extended the alleged discriminatory intent of one Black city commissioner onto other Black commissioners.
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August 21, 2024
Ga. Strip Clubs Push High Court For Tax-Free Dances
A coalition of Georgia strip clubs labored to convince the state's highest court Wednesday that a nearly decade-old tax on their businesses, used by the state to fund child trafficking prevention efforts, is unconstitutional by infringing upon their First Amendment rights to put on nude dances.
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August 21, 2024
Daughter Keeps $9.2M Win In Father's Med Mal Death Suit
A Georgia appeals court affirmed a $9.2 million wrongful death verdict in favor of a woman whose father died of complications following surgery, rejecting the medical center's argument that the evidence couldn't support the verdict.
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August 21, 2024
Ga. Gov. Announces Judge, DA, County Solicitor Picks
Georgia Gov. Brian Kemp announced several appointments for Peach State attorneys, including a superior court seat, a district attorney and a county solicitor.
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August 21, 2024
Eversheds Adds Another Kilpatrick Bankruptcy Atty In Atlanta
Eversheds Sutherland's growing U.S. finance practice group picked up another new addition Wednesday, an Atlanta counsel who was previously with Kilpatrick Townsend & Stockton LLP.
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August 20, 2024
At-Fault Driver Must Repay $4M Policy Limit, Insurer Says
An insurer is seeking reimbursement of a $4 million policy limit it contributed to a $10 million settlement in connection with separate, underlying personal injury lawsuits stemming from a car accident, telling a Georgia federal court the at-fault driver entered an agreement admitting liability for the accident.
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August 20, 2024
Ga. Justices Weigh 'Malice' In Atty's Defamation Case
An orthopedic surgeon urged the Georgia Supreme Court on Tuesday to revive his case against a defense attorney who allegedly tarnished the surgeon's reputation during settlement talks with his attorneys for his former patients, arguing his appellate defeat last year flew in the face of 160 years of Georgia defamation law.
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August 20, 2024
Ga. Power Says Factory Redo Can't Free Nestle From Service
Georgia's largest electricity provider tried to convince the state's high court Tuesday that a pet food manufacturer can't use its factory renovations to skirt a nearly 50-year-old state law requiring large electricity consumers to be wedded to a single provider in perpetuity.
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August 20, 2024
Atlanta Immigration Firm, Paralegal Settle OT Suit
An Atlanta immigration law firm has reached a settlement in a federal lawsuit from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working more than 40 hours per week, according to court papers filed Tuesday.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 19, 2024
USAF, Airmen Debate Mootness Of Vax Mandate Challenge
In a pair of dueling briefs, both the U.S. Air Force and a cadre of its airmen are sparring over whether the military's revocation of its COVID-19 vaccine mandate for service members spells the end for the airmen's suit challenging the mandate on religious freedom grounds.
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August 19, 2024
Isaac Hayes' Family Sues Trump For Using Song In Campaign
The family of legendary singer-songwriter Isaac Hayes has sued Republican presidential candidate Donald Trump and his campaign for using the song "Hold On, I'm Coming" to close his events and rallies, alleging the former president does not have authorization to play it and has ignored demands that he stop.
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August 19, 2024
RNC, Ga. Republican Party Want In On Election Law Challenge
The Republican National Committee and the Georgia Republican Party have asked a federal judge to let them intervene in a lawsuit alleging a new Georgia election law makes it easier to unlawfully remove voters from the registration list, arguing they should be allowed to protect their interests in the rules governing state elections.
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August 19, 2024
Judge Urges Throwing Out DOJ's 'Simple' Race Bias Suit
A federal judge recommended dismissing a U.S. Department of Justice suit accusing a Georgia county of firing two Black workers who complained about a slur from a white colleague, faulting the DOJ for trying to "overcomplicate" the case.
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August 19, 2024
Ga. Judge Trims Black Students' Claims Over 'Horrific' Racism
A Georgia federal judge has allowed five Black students of the Floyd County School District to advance their free speech claims over the district's response to anti-racism demonstrations, but she ended their race bias allegations while acknowledging the "persistent, horrific harassment" the students faced.
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August 16, 2024
Real Estate Recap: Cases To Watch, DC Flooding, NYC Hotels
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the commercial real estate cases to watch in 2024's second half, one BigLaw attorney's thoughts on new Washington, D.C., flood construction rules and the NYC hotel license bill that has hospitality attorneys rattled.
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August 16, 2024
49ers Can't Beat Data Breach Suit, But Damages In Question
A California federal judge has rejected the San Francisco 49ers bid to toss a proposed class action claiming that the NFL team didn't protect 20,000 current and former employees' personal information from hackers, but he said a filing issue could put California Consumer Privacy Act statutory damages out of reach.
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August 16, 2024
Ga. BCBS Fights Hospital Remand Bid In Reimbursement Suit
A Georgia Blue Cross Blue Shield unit is fighting a California hospital's push to have a lawsuit seeking $905,000 in reimbursements sent back to a Georgia state court, arguing the hospital's state law claims are preempted by the federal Employee Retirement Income Security Act.
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August 16, 2024
Voters' Bid To Revive Ga. Election Suit Slammed As Hail Mary
Georgia Secretary of State Brad Raffensperger is asking a federal judge to "make clear" a case alleging a biased system to elect Georgia Public Service Commission members "is over," as Black voters behind the suit fight to keep it alive.
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August 16, 2024
Birth Control Cos. Say Conn. Injury Suit Must Be Tossed
Several birth control companies have urged a Connecticut state court to toss a lawsuit brought by a woman alleging she was injured by the Filshie Clip contraceptive device, saying there is no jurisdiction because the parties involved in the case have no ties to Connecticut.
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August 16, 2024
Insurer Seeks Early Win In Faulty Home Construction Dispute
A construction company's insurer echoed its stance that its insured is not owed coverage for an underlying faulty workmanship lawsuit, telling a Georgia federal court that the defects alleged do not equate to property damage outside the contractor's own work, thus falling outside the policy's scope of coverage.
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August 16, 2024
Ford Says $1.7B Loss Blocks Punitives In Rollover Suit
Ford Motor Co. is asking a Georgia federal court to throw out a bid for punitive damages from the children of a couple who died in a rollover crash, saying punitive damages in a prior $1.7 billion loss in a similar suit bars the claim.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.