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Georgia
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May 05, 2025
Ex-Supervisor Says Carvana Fired Him Because Of Disability
A former manager for used car giant Carvana has hit the company with a lawsuit alleging that he was fired for taking time off while disabled and that the company told him as much when it let him go last year.
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May 05, 2025
Ga. Defense Atty, Jurist Proposed For Open State Judgeship
The Georgia Judicial Nominating Commission issued two recommendations for an open seat on the Superior Court of the Flint Judicial Circuit, suggesting one criminal defense and family law attorney and a Henry County State Court judge for the spot.
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May 05, 2025
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.
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May 05, 2025
High Court Won't Consider Reviving $13M Patent Verdict
The U.S. Supreme Court on Monday said it would not review a question of vicarious liability prompted by the Federal Circuit erasing CloudofChange LLC's $13 million infringement trial win over NCR Corp.
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May 02, 2025
11th Circ. Urged To Revive Fla. Suit Over Car Co. Buybacks
An investor urged the Eleventh Circuit on Friday to revive his claim that the CEO of a Florida company that develops navigation technology for self-driving cars improperly made nearly $24 million from share buybacks, saying his "indirect pecuniary" interest in the transaction precludes him from profits under federal law.
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May 02, 2025
Miami Rental Property Sellers Want $1.5M Award Reversed
The sellers of a Miami rental property asked the Eleventh Circuit to reverse a $1.5 million judgment against them over the breakdown of a $5.45 million sale of the property, arguing that the buyer failed to prove that it had the money to pay for the property.
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May 02, 2025
Ex-Worker Says DirecTV Fired Her In Biased Force Reduction
DirecTV's former senior director of e-commerce has sued the company in Georgia federal court, alleging she was let go during a workforce reduction because of her age and gender.
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May 02, 2025
Ga. Judge Says School Officials' Immunity Defense Is Too Late
A Georgia federal judge has refused to free Colquitt County School District officials from a former principal's suit alleging he faced racial discrimination while employed there and was told his contract would be terminated three days after reporting a lynching threat.
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May 02, 2025
CR Bard Owes $20M In Ga. Ethylene Oxide Cancer Trial
A Georgia jury awarded $20 million in compensatory damages on Friday to a man who said his cancer was caused by exposure to ethylene oxide from C.R. Bard's medical sterilization plant, sending the case to a second phase for punitive damages.
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May 02, 2025
Emory Fired Palestinian Prof Over Gaza Posts, Bias Suit Says
Emory University folded to pressure from an advocacy group and illegally fired a medical school professor for criticizing on social media Israel's treatment of Palestinian people, the ousted educator alleged Friday in Georgia federal court.
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May 02, 2025
Ga. Law Firm Settles Contract Suit With Recruiting Company
Atlanta law firm Mozley Finlayson & Loggins LLP has dismissed its suit against recruiting company Frederick Fox LLC, permanently ending its allegations that Frederick Fox was in breach of contract for refusing to refund a placement fee of more than $36,000 when its candidate quickly left his role.
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May 01, 2025
VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit
Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.
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May 01, 2025
CR Bard Owes For Plant Neighbor's Illness, Jury Told
A Georgia jury heard in closing arguments on Thursday that C.R. Bard's medical sterilization plant wantonly polluted the air with ethylene oxide and caused a man's cancer, while the company said the man's exposure was nowhere near danger levels.
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May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms
The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
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May 01, 2025
Publix Can't Slip 'Zero-Market Share' Opioid Claims
Publix Super Markets Inc. can't slip opioid-related claims from nine municipalities in which the supermarket chain alleges it has no pharmacies, an Ohio federal judge overseeing sprawling national opioid litigation ruled.
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May 01, 2025
Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms
Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.
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May 01, 2025
Norfolk Southern's Promotion Process Is Biased, Workers Say
Norfolk Southern Corp. has been sued in Georgia federal court by two longtime billing clerks who allege the company's promotion process is riddled with race and age bias and that its customer service division systematically pressures workers not to take medical leave.
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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.
Expert Analysis
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Insurance Lessons From 11th Circ. Ruling On Policy Grammar
The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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How First-Of-Its-Kind NIL Lawsuit Is Shaping College Athletics
College quarterback Jaden Rashada's recent fraudulent inducement allegations filed against the University of Florida’s head football coach in Florida federal court provide a glimpse into how universities and collectives are navigating novel name, image and likeness issues, and preview potential future legal challenges these institutions may face, say attorneys at O'Melveny.
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And Now A Word From The Panel: Rare MDL Moments
Following a recent trend of rare moments in baseball, there are a few rarities this year in multidistrict litigation panel practice, including an unusually high rate of petition grants, and, in one session, a two-week delay from hearing session day to the first decision, says Alan Rothman at Sidley.