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Georgia
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March 18, 2024
FCC Fines Ga. Radio Broadcaster Over Station Silences
The former owner of a Georgia sports radio station has been slapped with a $16,200 fine by the FCC for repeatedly suspending operations, allowing the station to change hands without permission and not answering the agency's inquiries about any of it.
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March 18, 2024
How A Car Crash And 20 Years Of Litigation Ended With $25M
A $25.5 million verdict returned by a Georgia jury for the family of a woman killed in a 2003 taxi crash was the result of decades of litigation perseverance, with more work ahead to help ensure that a similar tragedy does not occur, her family's lawyer told Law360.
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March 18, 2024
5 Moments That Swayed Ga. Judge In the Trump Case DQ Bid
After days of testimony about the romantic and financial relationship between Fulton County District Attorney Fani T. Willis and the lawyer she appointed to lead the election interference case against Donald Trump, a Georgia judge last week ordered Willis to shuffle the prosecution team. How did he reach that ruling? Here are five moments that swayed the judge.
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March 18, 2024
Ga. Surgery Biz's False Claims Penalty Boosted To $5.4M
A Georgia surgical center and its former head must now pay $5.4 million to end a kickback scheme tied to the indictment of the state's former insurance commissioner, an increase from a previous $3 million penalty that the federal government said the clinic and doctor had shirked.
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March 18, 2024
11th Circ. Urged To Nix Ala. Coach's Win In Gender Bias Suit
Alabama State University has urged the Eleventh Circuit to reverse a win for the school's former softball coach, who claimed she was suspended because of her gender, saying she did not demonstrate a case of bias.
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March 18, 2024
Justices Won't Review Detention Officers' Overtime Suit
The U.S. Supreme Court said Monday that it won't weigh in on whether a Georgia sheriff acted as an employer and qualifies for immunity from an overtime suit brought by two detention officers, rejecting the officers' bid for review of an Eleventh Circuit decision tossing their case.
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March 18, 2024
DC Panel Explains Denial Of Ethics Subpoena On Ex-DOJ Atty
A subpoena from D.C. attorney ethics authorities demanding that former U.S. Department of Justice attorney Jeffrey Clark produce documents pertaining to his alleged role in promoting Donald Trump's stolen election narrative would be "sufficiently testimonial and potentially incriminating" to implicate the Fifth Amendment, a D.C. Court of Appeals panel ruled.
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March 18, 2024
Trump, Co-Defendants Seek Appeal Of Willis DQ Ruling
Former President Donald Trump on Monday asked a Georgia judge to let him appeal a ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting him and his co-defendants in the state's election interference case.
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March 18, 2024
Barnes & Thornburg Lands Morris Manning Bankruptcy Team
Barnes & Thornburg LLP picked up a former Morris Manning & Martin LLP bankruptcy group in Atlanta, the firm announced Monday.
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March 18, 2024
Bookseller Says Ga. Jail's Book Policy Is Unconstitutional
A Georgia bookseller filed a federal lawsuit Friday accusing an Atlanta-area sheriff of imposing an unlawful policy that only allows books into the county jail from "authorized retailers" under the guise of security concerns, alleging the practice is arbitrary, subjective, and an "unconstitutional permitting scheme."
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March 18, 2024
Doctors Keep Win In Suit Over Patient's Drowning Death
A Georgia appeals court won't revive claims from the parents of a man who died by drowning after he was discharged from an Augusta hospital, saying the death is too far removed from his treatment and discharge, and the court can only speculate as to what led to the death.
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March 15, 2024
Trump Case DA Won DQ Battle, But Legal War Far From Over
The resignation of Fulton County District Attorney Fani Willis' former romantic partner and top lieutenant in the election interference case against former President Donald Trump and others will not end the legal wrangling or intense scrutiny over Willis' presence in the high-profile case, experts told Law360.
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March 15, 2024
Atlanta Police Taser Trial Ends In Late Night Mistrial
A four-day Georgia federal trial over allegations that a former Atlanta Police Department officer Tasered a woman while she was handcuffed during a traffic stop ended in a mistrial late Friday night with the trial's eight jurors unable to agree on a verdict.
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March 15, 2024
Perdue Beats Back Chicken Farmers' OT Collective Cert. Bid
A Georgia federal judge refused to certify a proposed collective action of broiler chicken farmers claiming Perdue Foods LLC misclassified them as independent contractors to avoid paying overtime, saying one single opt-in after six months of discovery is insufficient to show that other farmers are interested in joining the suit.
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March 15, 2024
Ga. Juror's Google Search Sinks Child Cruelty Conviction
A Georgia court of appeals threw out in part a man's conviction in a sexual battery and cruelty to children case after a juror looked up the charges on Google during re-deliberation, finding Friday that he is entitled to a new trial on one of the seven counts against him.
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March 15, 2024
NCAA Trans Policies Attacked By Female Student-Athletes
A group of female college athletes have attacked the National Collegiate Athletic Association's transgender policies, alleging that the group violated their civil rights to retain its control over monetized college sports, according to a proposed class action filed in Georgia federal court.
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March 15, 2024
Alston & Bird, Ex-Employee File Deal After Contempt Threat
Alston & Bird LLP and its former diversity and inclusion administrator have presented their proposed $55,000 settlement in Georgia federal court concerning unpaid overtime claims, after a judge ordered them to appear in court to explain why they hadn't already filed one.
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March 15, 2024
Wade Resigns From Ga. Election Case After Judge's Ultimatum
Special prosecutor Nathan Wade resigned Friday from the Georgia election interference case against former President Donald Trump and his co-defendants, hours after a judge ruled that either he or Fulton County District Attorney Fani T. Willis must do so in order for the case to move forward.
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March 14, 2024
Life Became 'Pointless' After Handcuffed Tasering, Jury Hears
A woman who says she was Tasered while handcuffed by a former Atlanta Police Department officer told jurors Thursday that the trauma of the 2018 incident had, in the intervening years, shattered her career, her relationships with her friends and family, and her sense of self.
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March 14, 2024
No New Trial In $22M Death Case, Georgia Court Says
The Georgia Court of Appeals on Wednesday said a trial court rightly refused to grant an off-road adventure park's motions for directed verdict and new trial in a case in which a jury awarded $22 million to the wife of a man who died while riding his dirt bike on a park trail.
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March 14, 2024
Trump Can't Duck Classified Doc Charges Over Vagueness
The Florida federal judge overseeing the criminal prosecution of former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate denied his bid Thursday to toss the indictment based on the "unconstitutional vagueness" of the Espionage Act, opting instead to punt the issue to later in the case.
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March 14, 2024
Ga. Farm Retreat Fails to Back H-2B Bid With Growing Season
An administrative law judge on Wednesday shot down a Georgia farm retreat's bid to temporarily hire foreign employees during the Peach State's growing period, saying in two decisions that the employer failed to show that either of the job positions were seasonal.
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March 14, 2024
Ex-Mechanic, Trucking Co. Reach Deal In OT Suit
A former employee and a transportation company told a Georgia federal judge they have reached a deal to end the worker's lawsuit alleging he was misclassified as an independent contractor and shorted overtime wages, saying he will recover all of his missing pay under the settlement.
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March 14, 2024
Sanctions Order Tossed In Ga. Convenience Store Attack Suit
A Georgia appeals court has vacated sanctions and a default judgment against Golden Pantry Food Stores Inc. in a suit over an attack that happened at one of its stores, saying the trial court used the wrong standard when it found the store destroyed relevant video evidence.
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March 14, 2024
Security Guards Score $132K Win In Drawn-Out Wage Suit
A Georgia security company must pay nearly $132,000 to four guards for years of unpaid overtime wages and retaliation after the company failed for years to respond to its workers' class action according to a Peach State federal judge's ruling.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Avoiding Jurisdictional Risks From Execs' Remote Work
Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.
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11th Circ. FMLA Ruling Deepens Divide Over Causation
The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Race Bias Defense Considerations After 11th Circ. Ruling
In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity
The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.