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Georgia
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September 27, 2024
Ga. Hospital Patients Ask Judge to Revive Facebook Data Suit
A proposed class of patients claiming Piedmont Healthcare Inc. unlawfully shared their confidential health data with Facebook urged a federal judge to rethink his late-August decision tossing their suit, saying the judge failed to consider their claims the health system criminally violated HIPAA's privacy rule.
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September 27, 2024
11th Circ. Vacates $456K Fine Against Ex-Fla. Congressman
The Eleventh Circuit has vacated a judgment and $456,000 fine against a former U.S. congressman accused by the Federal Election Commission of violating campaign finance laws after finding that the lower court improperly discounted the ex-congressman's competing testimony.
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September 27, 2024
Ex-Partners Blast Lin Wood's Constitutional Fight Over Fees
Former law partners of retired Georgia attorney L. Lin Wood said Wood can't escape being on the hook for their attorney fees after he was hit with a $3.75 million defamation verdict, saying that Wood's argument calling the fees unconstitutional flies in the face of 150 years of the state's case law.
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September 27, 2024
Hearings Delayed In Ga. Courts As Helene Sweeps Through
Georgia courthouses imposed delays and closures Friday as the remnants of Hurricane Helene swept across the Peach State, bringing heavy rain and high winds that shut down several state courts as well as some federal courts.
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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.
Expert Analysis
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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.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Ga. Appeal Shows Benefits Of Questioning Jury Instructions
A Georgia Court of Appeals’ October decision, holding a trial court erred in using pattern jury instructions that refer to a long-repealed standard of evidence, underscores the importance of scrutinizing language in established jury instructions and seizing the opportunity to push back against outdated patterns, say attorneys at Troutman Pepper.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Young Thug Case Spotlights Debate Over Lyric Admissibility
A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Questions Awaiting Justices In 'Repugnant' Verdicts Hearing
In McElrath v. Georgia, the U.S. Supreme Court will decide whether the double jeopardy clause bars retrial when a jury reaches a so-called repugnant, or logically contradictory, verdict — with the ultimate resolution resting on how this narrow issue is framed, say Brook Dooley and Cody Gray at Keker Van Nest.