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Georgia
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June 13, 2024
KeyBank Borrowers' $6M Data Breach Deal Gets Initial OK
A Georgia federal judge on Thursday granted preliminary approval to a $6 million settlement deal resolving a class suit over data breaches at KeyBank and other regional lenders and a technology contractor despite objections from a subclass of borrowers — who had previously settled their claims — saying the deal was inequitable.
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June 13, 2024
Lil Uzi Vert Owes Production Co. Over $500K, Suit Says
A California-based music touring company has accused rapper Lil Uzi Vert of stiffing the company of more than half a million dollars in unpaid fees for designing and producing the musician's concerts, according to a Georgia federal lawsuit filed Thursday.
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June 13, 2024
Lockheed Should Face Toxic Exposure Suit, 11th Circ. Told
A widower who sued Lockheed Martin Corp. claiming it exposed his wife to chemicals that ultimately killed her urged the Eleventh Circuit on Wednesday to reverse the dismissal of his lawsuit, saying a Florida federal court improperly excluded a key expert witness by not reviewing the evidence.
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June 13, 2024
Brewpub Reaches $115K Deal To Exit EEOC Retaliation Suit
A restaurant and brewery agreed Thursday to pay $115,000 to resolve a lawsuit from the U.S. Equal Employment Opportunity Commission accusing it of firing a Black cook for flagging verbal abuse of Black and Hispanic employees in the workplace, according to a filing in Georgia federal court.
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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Vero Biotech Tried To 'String Along' Safety Monitor, Suit Says
Georgia-based medical device maker Vero Biotech LLC reneged on a payment plan with a consulting firm hired to monitor its products, according to a lawsuit filed in Massachusetts state court on Wednesday.
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June 13, 2024
Georgia DA Willis Moves To Ax Trump Appeal In DQ Fight
A prosecutor from Fulton County District Attorney Fani T. Willis' office wants a Georgia appellate court to nix an appeal that seeks to disqualify Willis from her election interference case against former President Donald Trump, claiming the appeal rests on flimsy evidence.
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June 13, 2024
Ballard Spahr Lands Barnes & Thornburg Litigator In Atlanta
Ballard Spahr LLP has added a former Barnes & Thornburg LLP partner and onetime prosecutor to its Atlanta office, strengthening its intellectual property department and its IP litigation group.
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June 13, 2024
Ga. Justices Pause Jail For YSL Atty For Contempt Appeal
The Georgia Supreme Court said Wednesday that a defense lawyer for Atlanta rapper Young Thug doesn't have to head to jail Friday, ruling that he can appeal the criminal contempt charge lodged against him for refusing to divulge how he knew of a closed-door conversation between prosecutors, a witness and the judge presiding over the racketeering case.
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June 13, 2024
Senate Panel OKs Fix For Federal Courts' 'Genuine Crisis'
The Senate Judiciary Committee voted out unanimously on Thursday a bipartisan bill to create 66 new and temporary judgeships to alleviate the federal courts' workload.
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June 12, 2024
11th Circ. Could Revive Venezuela Chemical Co. Seizure Suit
An Eleventh Circuit panel appeared open to reviving a lawsuit accusing Venezuela of unlawfully seizing a chemical company amid allegedly trumped-up criminal drug charges, as the judges spent much of a hearing on Wednesday questioning why a critical witness was barred from testifying.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
$18.8M Theft Coverage Suit Must Be Heard In State Court
A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff.
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June 12, 2024
Faulty Sig Sauer Pistol 'Betrayed' Ga. Gun Owner, Jury Told
A life-altering injury that occurred when a man's Sig Sauer pistol accidentally fired into his leg could have been prevented had the company bothered to install a $5 safety feature in the trigger of its flagship P320, counsel for the man told a Georgia federal jury Wednesday.
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June 12, 2024
Loan Co. Owners Say SEC Improperly Expanded Receivership
A couple accused of scamming 1,200 investors out of nearly half a billion dollars asked the Eleventh Circuit on Wednesday to reverse an order expanding a receivership of their merchant loan business, arguing their due process rights were violated when their personal assets were added to the receivership.
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June 12, 2024
Ga. Appeals Seat Winner Accused Of Fraud Over Residency
An unsuccessful candidate for a Georgia Court of Appeals seat has launched a bid challenging the victory of a former state bar leader, arguing that he committed election fraud when he lied about living in Atlanta when he qualified as a candidate.
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June 12, 2024
Dershowitz Wants Jury To Decide Defamation Suit Against CNN
An attorney for law scholar Alan Dershowitz told an Eleventh Circuit panel Wednesday the court should revive a $300 million defamation lawsuit against CNN, arguing that a jury should decide whether the news network is liable for intentionally omitting Dershowitz's statements in broadcasts over former President Donald Trump's 2020 impeachment trial.
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June 12, 2024
Ga. Attys Fight Sanctions In Police Racial Profiling, Death Suit
Peach State attorneys representing a mother who sued the city of Wrens Police Department for allegedly racially profiling and fatally shooting her son responded to the city's attempt to sanction them and their client for pursuing her claims in Georgia federal court, calling the move "premature, vexatious and oppressive."
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June 11, 2024
DOL's H-2A Protections Rule Flouts Labor Law, GOP AGs Say
The U.S. Department of Labor's final rule including protections for foreign farmworkers within the H-2A visa program doesn't comport with federal labor law, a group of Republican attorneys general claimed in Georgia federal court, saying the rule doesn't give the same rights to U.S. citizen workers.
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June 11, 2024
Ga. Justices Affirm Toss Of Adult Shop's Ordinance Challenge
Georgia's justices on Tuesday affirmed a trial court's dismissal of an adult novelty chain's challenge of a Gwinnett County ordinance that restricts adult entertainment stores to certain locations and requires them to obtain an adult establishment license to operate, concluding that the suit was barred as an already-adjudicated matter.
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June 11, 2024
Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case
The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.
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June 11, 2024
JPML Consolidates AT&T Data Breach Suits In Texas
Thirty lawsuits brought against AT&T over a data breach that left 70 million customers' information on the dark web are being consolidated in the Northern District of Texas, with the Judicial Panel on Multidistrict Litigation ruling that proximity to AT&T headquarters will bring added efficiency to the proceedings.
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June 11, 2024
DOE Urges DC Circ. To Extinguish Furnace Rule Fight
The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.
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June 11, 2024
Ga. Justices Accept Fla. Atty's Voluntary Suspension
An attorney suspended by the Florida Bar for myriad failures — including a lack of communication with clients and the submission of illegible court filings — while practicing with Your Jacksonville Lawyer PA was reciprocally suspended Tuesday in Georgia and is currently ineligible to practice in either state.
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June 11, 2024
Ga. Justices Disbar Atty For Unlawful Disbursement Of $2M
The Georgia Supreme Court on Tuesday disbarred an attorney who disbursed approximately $2 million of a digital asset trading company's funds, which had been intended for a bitcoin sale that never went through, into personal accounts controlled by her and her sister.
Expert Analysis
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Tax Assessment: Recapping Georgia's Legislative Session
Jonathan Feldman and Alla Raykin at Eversheds Sutherland examine tax-related changes from Georgia’s General Assembly — such as the governor’s successful push to accelerate income tax cuts — and suggest steps to take before certain tax incentives are challenged in the state's next legislative session.
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.