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Georgia
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April 30, 2024
Red States Attack Biden's Title IX Gender Expansion
A coalition of Republican-led states alleges the Biden administration illegally injected "gender ideology" in a rule expanding protection from discrimination in public education for people based on their gender identity or sexual orientation.
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April 30, 2024
Georgia EMS Co. Rife With Harassment And Abuse, Suit Says
An Atlanta-based EMS provider was hit with a lawsuit by a former paramedic who says in under one year with the company, she faced a workplace rife with sexual harassment, domestic abuse, medical malpractice, retaliation and white supremacist affiliations.
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April 30, 2024
Trial Set For Lin Wood's Ex-Partners' Defamation Suit
Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.
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April 30, 2024
Ga. High Court Tosses Atty's Road Rage Murder Conviction
The Supreme Court of Georgia threw out the murder conviction of a former corporate lawyer who was convicted of killing a real estate developer in a road rage incident, ruling Tuesday that the trial court erred by refusing to instruct the jury on the attorney's defense that the death was accidental.
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April 30, 2024
Ex-Rugby Team Owner Sues Over $6M Franchise Sale
The former owner of an Atlanta, Georgia-based rugby team who sold it to a New Hampshire club for $6 million sued the buyer and another rugby team operator in Delaware federal court Monday, alleging that she is still owed $3.75 million from the sale.
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April 29, 2024
High Court Won't Revisit Class Cert. In Chili's Data Breach Row
The U.S. Supreme Court on Monday refused to review an Eleventh Circuit ruling that kept alive a class action claiming Chili's restaurants failed to protect customer data in a 2018 data breach that revealed millions of credit card records, which class counsel said "enshrines a path" toward compensation for consumers against companies that mishandle their data.
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April 29, 2024
Ohio, Ky. Reps. Again Try To Abolish PTAB
U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.
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April 29, 2024
Wells Fargo Didn't Pay For Out-Of-Shift Work, Suit Says
Wells Fargo has for years enforced a companywide policy that denies overtime pay to workers tasked with opening and closing its branches, according to a lawsuit filed by a former employee at one of the bank's Atlanta-area locations.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Ga. Judicial Watchdog Sets Date For Judge's Ethics Trial
The ethics hearing of a Georgia judge accused of calling litigants names, sexually harassing attorneys and courthouse employees, and trying to get a friend's children out of legal trouble is set for June, according to an order filed Friday in the Georgia Supreme Court.
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April 29, 2024
GM, LexisNexis Hit With Another Driving Data Suit
A Michigan driver told a Georgia federal court that his auto insurance rate increased after General Motors and its OnStar unit collected his driving data without consent and shared it with third parties, including data broker LexisNexis Risk Solutions, which then sold the data to insurers.
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April 29, 2024
Ga. Judge Won't Approve $37K Settlement In FLSA Suit
A Georgia federal judge has refused to approve a settlement between a corporate office furnisher and a former employee who says he was fired after complaining about being stiffed for hundreds of hours of compensable work, finding two provisions in the deal make it impossible to approve.
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April 29, 2024
11th Circ. Should Nix Tax Court Judges' Shield, Widow Says
The widow of a supermarket butcher told the Eleventh Circuit that the U.S. Tax Court not only wrongly upheld tax liabilities against her stemming from her husband's tax filings but also erroneously affirmed unconstitutional job protections for its judges.
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April 29, 2024
TitleMax Says Class Plaintiff Lied To Get 'Usurious' Loan
TitleMax hit back Friday at a proposed class action accusing the company of extending thousands of loans with exorbitant interest rates to military members, alleging that the suit's lead plaintiff lied on her own loan application to get the line of credit she's now suing over.
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April 29, 2024
Justices To Scrutinize Revoked Visa Petition
The U.S. Supreme Court agreed Monday to examine an Eleventh Circuit decision that federal courts lack authority to review the revocation of a previously approved visa petition for a Palestinian man whose marriage was found to fraudulently skirt immigration laws.
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April 29, 2024
Justices Skip Atty's Race Bias Suit Over Paid Suspension
The U.S. Supreme Court on Monday refused to wade into a former congressman's case alleging a nonprofit legal aid firm violated Title VII's ban on race discrimination when it suspended him with pay, passing on the chance to apply a newly crafted high court standard addressing what kinds of workplace actions can sustain a bias lawsuit.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Ga. Judge Calls Off Hail Mary To Block Arena Football Game
Attorneys for an arena football league missed their shot Friday evening at blocking one of its former teams from playing in a rival league's opening weekend, after a series of housekeeping oversights ended with a Georgia federal judge denying their bid for a preliminary injunction.
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April 26, 2024
DQ Upheld For Challenger To Ga. Election Case Judge
A Georgia state court judge on has upheld the disqualification of a judicial candidate who had planned to run against the judge overseeing former President Donald Trump's Georgia election interference case.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
Cox Says Insurers Must Pay For Settled DMCA Suit
Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.
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April 26, 2024
Ga. Residents Want In On $300M Monkey Farm Fight
Four Georgia residents have asked a federal judge to let them intervene in a dispute over the construction of a sprawling primate-rearing farm in Bainbridge, alleging the local development authority that approved a $300 million bond deal for the project is colluding with the farm's backers to advance the project.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
The Week In Trump: Tabloid Testimony, High Court Drama
Donald Trump and his attorneys have been fighting high-stakes legal battles on several fronts as they grappled with a criminal hush money trial in Manhattan, argued at the U.S. Supreme Court for presidential immunity and tried to quash criminal election interference-related charges in Georgia.
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April 25, 2024
Microsoft, Nintendo And Others Sued Over Addictive Games
A gamer sued Microsoft Corp., Nintendo of America Inc., Rockstar Games Inc. and other video game developers Wednesday in Georgia federal court over allegations that they are intentionally getting users addicted to boost profits, saying he's suffering from depression and anxiety because of his addiction.
Expert Analysis
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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What 11th Circ. Revival Of Deaf Employee's Bias Suit Portends
The Eleventh Circuit's recent Beasley v. O'Reilly Auto Parts decision, which created a circuit split involving the issue of linking accommodations under the Americans with Disabilities Act to essential job functions, is a curiosity about the court's analysis at least and a potential game changer for employer duties at most, says John Doran at Sherman & Howard.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail
Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Lenders Must Look To The Law As Fla. Joins Disclosure Trend
Given the varying range in scope of state commercial financing disclosure laws — including the one recently enacted in Florida — and the penalties for noncompliance, providers of commercial credit should carefully consider whether such laws apply to their commercial lending business, say attorneys at Winston & Strawn.
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OECD Treatment Of Purchased Ga. Film Credits Isn't Peachy
Producers considering Georgia as a prospective location for filming may already be concerned that the Organization for Economic Cooperation and Development's July decision will hamper the eventual 2026 or later sale of their Georgia film tax credits, says Alan Lederman at Gunster.
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Ga. Mirror-Image Rule Makes Settlements Fraught For Insurers
The Georgia Court of Appeals' recent decision in Pierce v. Banks shows how strictly Georgia courts will enforce the rule that an insurer's response to a settlement demand must be a mirror image of the demand — and is a reminder that parties must exercise caution when accepting such a demand, says Seth Friedman at Lewis Brisbois.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Data Breach Rulings Stress Duty For Protecting Worker Data
Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Opinion
Justices' Job Transfer Review Should Hold To Title VII Text
The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.