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Georgia
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June 04, 2024
Ga. Appeals Court Pulls Trucker Back Into Crash Suit
The Georgia Court of Appeals revived in part a suit over who was at fault in a 2016 crash between an Iron Mountain Inc. truck and a car on a Peach State road, saying the lower court failed to acknowledge questions that could only be answered at trial.
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June 04, 2024
GM Ends Ga. Crash Suit That Nearly Forced CEO To Testify
General Motors and the widower of a woman whose death was alleged to have been caused by one of its vehicles have reached an agreement to end long-running wrongful death litigation that at one point threatened to force the company's CEO to testify, the parties said.
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June 04, 2024
Clinton Says Dismissal Of Trump's RICO Suit Was Warranted
Hillary Clinton and members of the Democratic National Committee urged the Eleventh Circuit not to revive Donald Trump's suit alleging they conspired to push false claims of Russian election interference in 2016, arguing that the dismissal and resulting sanctions for pursuing the frivolous suit should be kept in place.
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June 04, 2024
Ga. Man Sues Feds Over USPS Crash Injuries
The federal government, U.S. Department of Justice, U.S. Postal Service and a USPS driver are being sued by a man who said he spent more than $14,000 to treat injuries he sustained during a collision purportedly caused by the USPS driver's failure to yield while turning left.
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June 04, 2024
Crash Victim Asks 11th Circ. To Revive Suit Against Port Co.
A man who was hit by a dockworker driving his pickup truck at the Port of Savannah urged the Eleventh Circuit on Tuesday to revive his claims against the worker's employer, arguing that the worker was already on the job and not commuting when he caused the crash.
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June 04, 2024
11th Circ. Affirms Nix Of IRS Easement Disclosure Guidance
The Eleventh Circuit affirmed Tuesday that an Internal Revenue Service notice imposing reporting requirements on potentially abusive conservation easements was invalid because the agency failed to solicit the public feedback required by administrative law.
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June 03, 2024
General Mills Facility Run By White Supremacists, Suit Says
General Mills workers sued in Georgia federal court on Sunday alleging the food giant tolerated a racist environment at its Covington plant perpetuated by a fraternity of white male supremacists who used Confederate and Ku Klux Klan-associated imagery and who treated Black workers unfairly, including by denying them promotions.
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June 03, 2024
11th Circ. Backs Freeze Of Grants For Black Women Only
In a split decision Monday, the Eleventh Circuit said that a Georgia federal judge should have blocked a Black-led venture capital firm from awarding grants to businesses owned only by Black women, opining that the practice was "substantially likely" to violate federal law barring racial discrimination in the writing of contracts.
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June 03, 2024
Justices Won't Review Contempt Sanctions Against Drug Co.
The U.S. Supreme Court won't hear Hi-Tech Pharmaceuticals' challenge to the Federal Trade Commission's $40 million judgment against it for misrepresenting weight-loss drugs and violating an injunction.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
Ga. Sheriff Wants Bookstore Suit Over Jail Book Policy Tossed
A Georgia sheriff and jail commander asked a Georgia federal judge to toss a lawsuit brought against them by a bookstore that alleges the jail instituted an unconstitutional and arbitrary policy of only allowing books into the county jail from "authorized retailers."
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June 03, 2024
Title Insurer Says Ga. Firm Must Repay $158K For Deed Error
A title insurance company said a Georgia law firm must reimburse it $158,000 for negligently issuing a title insurance policy on a real estate closing, telling a Georgia federal court that it is entitled to contractual and common law indemnity for its losses.
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June 03, 2024
Ga. Prison Official Aided Stabbing, Ex-Inmate Says
A former Georgia prison inmate has accused the state of complicity in his stabbing at the hands of another inmate who was not only allowed to work as an orderly in a mental health unit, but was given the green light to carry out the attack by a state corrections officer.
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June 03, 2024
Amazon, Wondery Want Out Of ICE Doc's Defamation Suit
Amazon.com LLC, Wondery LLC and Morbid: A True Crime Podcast LLC asked a Georgia federal judge on Friday to dismiss a former immigration prison doctor's lawsuit alleging he was defamed by the release of a true-crime podcast episode that accused him of performing forced hysterectomies on detainees.
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June 03, 2024
States Say Biden Admin's LNG Export Pause Is Actually A Ban
A coalition of Republican-led states is urging a Louisiana federal court not to toss its lawsuit challenging the Biden administration's pause on reviewing applications to export liquefied natural gas to countries without free trade agreements, saying the pause effectively amounts to a ban because no timeline is provided.
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June 03, 2024
Ga. Appeals Court May Hear Trump-Willis DQ Fight On Oct. 4
The Georgia Court of Appeals has set a tentative date of Oct. 4 to hear arguments from former President Donald Trump's lawyers that Fulton County District Attorney Fani Willis should be disqualified from his election interference case over her personal relationship with the special prosecutor she hired to lead the case.
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June 03, 2024
Jones Day Atty To Review Emory's Gaza Camp Response
Richard H. Deane Jr., the former partner-in-charge of Jones Day's Atlanta office and former investigations practice chair, has been tapped by Emory University to review the school's decision to bring in law enforcement to remove a pro-Palestinian encampment from its campus in April, the school recently announced.
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June 03, 2024
Nursing Home Co. LaVie Hits Ch. 11 In Ga. With $1.1B Debt
Nursing home operator LaVie Care Centers LLC hit Chapter 11 on Monday in Georgia with $1.1 billion in debt, saying it has not been able to recover from the COVID-19 pandemic.
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May 31, 2024
Ga. Skate Rink Calls Insurer's Policy Interpretation 'Worthless'
The owner of an Atlanta skate rink told a Georgia federal judge Thursday that its insurance company's bid to get out of defending a rape liability suit is a nonstarter, arguing that the insurer's take on its policy would render it "illusory, meaningless, and worthless."
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May 31, 2024
NY Trump Verdict May Make Finding Ga. Jurors Harder
Former President Donald Trump's felony conviction in New York could make the already daunting task of finding fair and impartial jurors to serve on the jury in the Georgia election interference case even more difficult when it reaches trial, legal experts told Law360 on Friday.
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May 31, 2024
15 States Sue To Block Biden's ACA Trans Discrimination Rule
The Biden administration was hit with a lawsuit on Friday over its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, with a group of 15 states claiming the guidance is an effort "to enshrine sweeping gender-identity mandates without congressional consent."
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May 31, 2024
Do Jails' 'Approved Vendor' Rules Keep Out Drugs, Or Books?
Jailhouses and other correctional facilities are increasingly banning books not because of what they say, but because of who sent them, a practice that officials say is designed to keep drugs out of facilities, but which advocates for incarcerated people say only keeps out books.
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May 31, 2024
Airport Shops, Ex-Workers Say They Have A Data Breach Deal
Attorneys for an airport retail company and a worker who says his personal information was compromised in a corporate data breach told a Georgia federal judge Thursday they've reached a tentative deal to bring the proposed class action to a close.
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May 31, 2024
Race Bias Suit Against Ga. Housing Authority Trimmed
A Georgia federal judge has narrowed the scope of a civil rights lawsuit filed by a woman who said she was denied a senior position with a local housing authority after leaders found out she'd sued her prior employer, tossing several claims Friday against the ex-chairman of the authority's board.
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May 31, 2024
Smith Gambrell Faces Slimmed Data Breach Suit
A California federal judge has trimmed the claims a proposed class of data breach victims brought against international law firm Smith Gambrell & Russell LLP, leaving the firm to face claims of negligence, invasion of privacy and violation of the California Unfair Competition Law.
Expert Analysis
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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NBA Players Must Avoid Legal Fouls In CBD Deals
The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.
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NLRB's Stricter Contractor Test May Bring Organizing Risks
The National Labor Relations Board’s recent Atlanta Opera decision adds another layer of complexity to the legal tests for determining whether a worker is an independent contractor or an employee, and could create new risks of union organizing and unfair labor practice charges for companies, say Robert Lian and James Crowley at Akin.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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A Look At 2023's Major NLRB Developments Thus Far
Over the last six months, the National Labor Relations Board has broadened its interpretation and enforcement of the National Labor Relations Act, including increasing penalties and efforts to prohibit restrictive covenants and confidentiality agreements, say Eve Klein and Elizabeth Mincer at Duane Morris.
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High Court Cert Denial Puts New Spotlight On Plea Bargains
The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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3 Abortion Enforcement Takeaways 1 Year After Dobbs
A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Attendance Policies, ADA May Be In EEOC's Crosshairs
While a recent matter before the Eleventh Circuit primarily involved the U.S. Equal Employment Opportunity Commission’s subpoena power, the case's factual details suggest that the agency wants to determine whether certain attendance policies violate the Americans with Disabilities Act, potentially on a nationwide scale, say Anne Yuengert and William Manuel at Bradley Arant.
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Opinion
ALI, Bar Groups Need More Defense Engagement For Balance
The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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How To Navigate Class Incentive Awards After Justices' Denial
Despite a growing circuit split on the permissibility of incentive awards, the U.S. Supreme Court recently declined to hear cases on the issue, meaning class action defendants must consider whether to agree to incentive awards as part of a classwide settlement and how to best structure the agreement, say attorneys at K&L Gates.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.