Georgia

  • November 24, 2021

    Gulf Coast Defuses Ch. 11 Loan, Site Management Disputes

    Bankrupt Gulf Coast Health Care reached agreements Wednesday on amendments to a proposed $25 million case financing loan and management change agreement for 24 of the nursing home chain's sites in Florida and Mississippi, after two days of wrangling over insider benefits and creditor claim restrictions.

  • November 24, 2021

    Lead Atty Disqualified In Ga. Borrowers' Mortgage Rates Case

    A Georgia business court judge has partially disqualified the lead attorney for four Georgia companies that borrowed $51 million in federally guaranteed mortgages, saying he can't represent them in their loan rates case against the lenders if it goes to trial.

  • November 24, 2021

    Ga. Justices Won't Review Ruling That Talc Claims Were Late

    The Georgia Supreme Court refused on Tuesday to review a ruling that plaintiffs were too late in bringing strict liability claims against a Georgia-based company they say packaged Johnson & Johnson baby powder that contained asbestos, causing a woman's ovarian cancer.

  • November 24, 2021

    Broker Can't Duck Suit Over Fake Golf Tournament Tickets

    A Georgia federal judge won't let a ticket broker escape claims alleging that it sold a golf travel agent fake passes to the Masters Tournament, rejecting arguments that the claims aren't specific enough.

  • November 24, 2021

    Gov't Wants More Time For Discovery In Google Search Case

    The U.S. Department of Justice and state enforcers asked a D.C. federal court for three extra months to complete discovery in the landmark monopolization case targeting Google's search and search advertising operations, saying it wouldn't impact the slated 2023 trial date.

  • November 24, 2021

    Civil Rights Orgs Weigh In On 11th Circ. Bathroom Policy Case

    The National Women's Law Center and 50 other civil rights organizations have jointly urged the Eleventh Circuit to uphold a finding that a Florida school board's gender-based bathroom policy is unconstitutional.

  • November 24, 2021

    USAA Wants Totaled-Car Class Suit Tossed Over Bankruptcy

    Insurance carrier United Services Automobile Association told a Georgia federal court Wednesday that a class action against it seeking coverage for the full amount of a tax on replacement cars should be tossed because the lead plaintiff filed for bankruptcy.

  • November 24, 2021

    No COVID Coverage For Canceled TV Show, Insurer Says

    An insurance company said it doesn't have to pay a television and production company for the cancellation of its TV show because it hasn't demonstrated or proved that the cancellation was due to the pandemic.

  • November 23, 2021

    Ga. Dental Board Members Try Again To Toss SmileDirect Suit

    After losing a bid for immunity at the Eleventh Circuit, members of Georgia's dental board are trying again to duck a suit from SmileDirectClub LLC challenging regulations the teeth alignment outfit claims are anti-competitive.

  • November 23, 2021

    Gulf Coast Pressed On Lack Of Sale Push Before Ch. 11 Filing

    A Delaware bankruptcy judge on Tuesday quizzed the chief restructuring officer for bankrupt Gulf Coast Health Care on the absence of prepetition efforts to market the nursing home chain or secure an independent valuation of the hefty lease costs that helped drive it into Chapter 11.

  • November 23, 2021

    Ga. Justices Nix Insurers' Protest Of Truck Crash Coverage

    The Georgia Supreme Court declined Tuesday to hear an appeal from an insurer that provided nonbusiness-related coverage to a trucker who hit a motorcyclist, agreeing with appellate and lower courts that the insurer must cover the crash because the trucker was off the clock when it occurred.

  • November 23, 2021

    Ga. Judge Orders Cardi B Medical Records In Libel Case

    A Georgia federal judge has ordered the Center for Women's Pelvic Health at UCLA to produce medical records for Cardi B in the rapper's defamation case against a YouTube celebrity gossip blogger.

  • November 23, 2021

    Burrito Chain Eyes 11th Circ. Appeal Of Virus Coverage Suit

    A dispute between Orlando, Florida-based Tavistock Restaurants Group LLC and Zurich American Insurance Co. over coverage for pandemic-related losses appears to be headed to the Eleventh Circuit after a Florida federal court entered a judgment for the insurer and closed the case.

  • November 23, 2021

    Real Estate Rumors: PGIM, Denholtz, Ivanhoe Cambridge

    A PGIM fund has reportedly loaned $48.27 million for a Florida apartment complex, Denholtz is said to have paid $59 million for a Charlotte-area multifamily property, and Ivanhoe Cambridge has reportedly dropped $104.87 million on a Miami apartment complex.

  • November 23, 2021

    Ga. Justices Says State Official Can't Waive Bar Requirement

    An attorney working in state government couldn't waive Georgia's bar exam requirements and failed to mount a timely appeal to an earlier rejection of her request, the Georgia Supreme Court ruled Tuesday.

  • November 23, 2021

    Georgia Justices Revive Case Against Municipal Court Clerks

    The Georgia Supreme Court revived a woman's case against two Atlanta municipal court clerks Tuesday, ruling a trial court judge wrongly decided of her own accord the staffers had quasi-judicial immunity when they hadn't raised that as a defense.

  • November 23, 2021

    14 States Urge High Court To Back Fla. In Medicaid Dispute

    A group of 14 states led by Ohio and Utah is asking the U.S. Supreme Court to side with Florida in a suit over whether the state can recoup $300,000 from a personal injury settlement for future medical expenses.

  • November 23, 2021

    11th Circ. Asked To Toss Oyster Bar's Virus Coverage Suit

    An insurer asked the Eleventh Circuit Court to honor a lower court's dismissal of a Miami oyster bar's suit over virus coverage claims, arguing that its policy insures property and that COVID-19 cannot cause actual physical damage to the bar.

  • November 22, 2021

    Fired King & Spalding Atty's $52M Damages Theory Off Table

    A Manhattan federal judge told a former King & Spalding LLP associate Monday that his wrongful firing case is barely strong enough to go to a jury for deliberations, dismissed his damages expert and called his $52 million recovery theory "unrealistic."

  • November 22, 2021

    11th Circ. Affirms Convictions For Sub Base Nuke Protesters

    The Eleventh Circuit on Monday refused to disturb three people's convictions for trespassing on a nuclear submarine base in Georgia and damaging government property, stating that federal law protecting religious freedom doesn't condone "destructive, national security-compromising conduct as a means of religious exercise."

  • November 22, 2021

    DOJ-Walmart Opioid Battle Halted As High Court Reviews CSA

    The U.S. Department of Justice's sweeping lawsuit contending that Walmart's 5,000 pharmacies "helped fuel a national crisis" of opioid abuse is being halted until the U.S. Supreme Court decides newly accepted cases involving the boundaries of Controlled Substances Act enforcement, a Delaware federal judge ruled.

  • November 22, 2021

    PruittHealth Will Pay $4.2M To End In-Home Care FCA Suit

    PruittHealth Inc. agreed to pay $4.2 million to settle allegations it knowingly billed the federal government for home health services that didn't qualify for reimbursement and then failed to promptly return the funds it wrongfully received, the U.S. Department of Justice announced Monday.

  • November 22, 2021

    Ga. Women Lob Class Claims At Health Co. Over Mud Product

    A Canadian wellness company is marketing and selling a mud-based product that contains harmful levels of toxic heavy metals, a group of Georgia women claimed in a proposed class action filed in a Georgia federal court.

  • November 22, 2021

    Doc Says Exposing Hospital's 'Patient Dumping' Led To Firing

    The former director of a small Georgia hospital's emergency department has told a federal court that he lost his position after blowing the whistle on the alleged transferring or discharging of certain patients based on their "actual or perceived inability to pay."

  • November 19, 2021

    Real Estate Rumors: Wells, G4 Capital, One Real Estate

    Wells Fargo has reportedly lent $40.78 million for a Florida industrial project, G4 Capital is said to have lent $284 million for a Brooklyn condo project, and One Real Estate Investment is said to have sold a Florida apartment complex for $35.4 million.

Expert Analysis

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • FCA Ruling Deepens Circuit Split Over Qui Tam Dismissals

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    The recent Third Circuit ruling in Polansky v. Executive Health Resources Inc. further widens a split over the standard for government-initiated motions to dismiss qui tam actions under the False Claims Act, and evinces increased scrutiny for motions filed after a defendant has entered the fray, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Resolving Asbestos Suits Faster In The Pandemic And Beyond

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    Trial delays due to COVID-19 are an incentive for asbestos plaintiffs and defendants to adopt litigation reforms that can help bring cases to verdicts or settlements faster — changes that will be valuable even after the pandemic ends, says Lisa Oberg at Husch Blackwell.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Best Practices For Hiring And Integrating Freelance Lawyers

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    Law firms and legal departments that hire temporary attorneys for certain projects can make the most of their contract talent by ensuring the right fit at the time of recruitment, setting expectations among in-house team members, and being strategic about work distribution, says Leslie Firtell at Tower Legal Solutions.

  • Series

    Insurance Commissioner's Agenda: NY On Industry Diversity

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    My Chi To, executive deputy superintendent of the New York State Department of Financial Services Insurance Division, discusses steps her agency is taking to promote diversity, equity and inclusion within the insurance industry and suggests practices for companies to consider adopting.

  • Series

    Embracing ESG: Cognizant Counsel, CSO Talk Collaboration

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    Leveraging the general counsel's nuanced view of a company’s strengths and weaknesses, and aligning it with the chief sustainability officer’s focus on long-term environmental and social macro trends, can help shape the values and direction of a company, say John Kim and Sophia Mendelsohn at Cognizant.

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