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Georgia
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April 05, 2024
Atlanta Braves Accused Of Denying Hire Over Deafness
The Atlanta Braves were hit with an Americans with Disabilities Act lawsuit Thursday alleging the team turned down an IT director candidate because it was reluctant to accommodate his deafness.
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April 04, 2024
Young Thug Can't DQ Prosecutor Over Questions To Witness
An Atlanta judge on Thursday denied a motion to disqualify the lead prosecutor in the racketeering trial against rapper Young Thug and five others after weighing claims that she had made herself a witness, according to defense counsel.
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April 04, 2024
John Eastman Says Inactive Status Hampers Livelihood
Former Donald Trump attorney John Eastman asked the State Bar Court of California on Wednesday to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he can't sustain the loss of his livelihood representing clients like Matt Gaetz and Marjorie Taylor Greene.
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April 04, 2024
Ga. OB-GYN Office Hit With Data Breach Class Action
An Atlanta OB-GYN practice has been hit with a class action in Georgia federal court over a January data breach that allegedly impacted the personal and protected health information of tens of thousands of patients.
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April 04, 2024
Golf Course Owner Accused Of $4M Lending Fraud Scheme
A company that loaned more than $4 million to the owner of an Atlanta-area golf course claims he used the money to prop up other businesses, make fraudulent payments and buy exotic cars, according to a lawsuit filed in Georgia federal court.
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April 04, 2024
GAO Says Navy Awardee Ineligible Due To Registration Lapse
The U.S. Government Accountability Office has backed a protest over a nearly $5 million Navy custodial services contract, saying the awardee's attempt to re-register in a federal contractor database ahead of expiry didn't excuse a breach of a continuous registration requirement.
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April 04, 2024
Higher Ed Groups Warn Of 'Radical Shift' In Suicide Liability
Four colleges and a slew of higher education advocacy groups have urged the Eleventh Circuit to reject an argument that Atlanta's Emory University should be liable for the suicide of a student, warning that a ruling against the school could bring about a "radical shift" in the university-student relationship.
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April 04, 2024
Feds Seek 63-Month Term For $8.6M Embezzlement Scheme
Federal prosecutors asked a Georgia judge Thursday to hand down a 63-month prison term for a woman who was caught stealing more than $8.6 million from her employer, a scheme the government called "one of the most egregious employer embezzlement cases in recent memory."
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April 04, 2024
Ga. Says Listening to Atty-Client Calls Not Unconstitutional
The state of Georgia has told the state's Supreme Court that prosecutors didn't trample on the Sixth Amendment rights of a man convicted of assault, because they didn't intentionally seek to listen to privileged phone calls between the man and his lawyer and because the phone calls weren't evidence at trial.
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April 04, 2024
Trump Can't Duck Secret Doc Charges On Immunity Grounds
The Florida federal judge overseeing the classified documents case against Donald Trump rejected his bid Thursday to dismiss the criminal indictment against him, saying the charges don't make any reference to the Presidential Records Act that the former president said grants him immunity.
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April 04, 2024
Jeffrey Clark Violated Ethics Rules, Panel Says
Former U.S. Department of Justice Attorney Jeffrey Clark violated professional conduct rules, a D.C. attorney ethics panel preliminarily found Thursday following a disciplinary hearing centered on Clark's alleged efforts to throw the Justice Department behind former President Donald Trump's election fraud narrative.
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April 04, 2024
Trump's Free Speech Challenge Rejected In Ga. Election Case
A state court judge on Thursday refused to dismiss the indictment charging former President Donald Trump and his co-defendants in the Georgia election interference case on First Amendment grounds, saying the charges did not violate their constitutional right to free speech.
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April 03, 2024
Ga. Man Gets 3 Years In Prison For COVID-19 Fraud Scheme
A metro Atlanta man was sentenced to three years in prison and ordered to pay more than $279,000 in restitution for laundering money procured from fraudulent unemployment claims filed during the COVID-19 pandemic.
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April 03, 2024
Lucky Bucks Ch. 7 Trustee's Fraud Suit Can Continue In Del.
A Delaware bankruptcy judge on Wednesday allowed an adversary suit brought by the Chapter 7 trustee for Georgia-based gambling machine company Lucky Bucks Holdings LLC to move forward, saying the court doesn't have enough information about fraud allegations to dismiss the case.
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April 03, 2024
Family Drops Suit Against Taser Co. Over Ga. Man's Death
A family who sued Taser maker Axon Enterprise Inc. and a south Georgia sheriff's office over the 2019 death of a relative at the hands of deputies has dropped its claims against the stun gun manufacturer, a few weeks after it similarly released the sheriff's office from liability.
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April 03, 2024
Beloved Georgia Judge Writes His Own Obituary
Senior U.S. District Judge Hugh Lawson Jr., a revered Georgia jurist known for his humor and lack of pretense, died Friday at 82, leaving behind an obituary in which he described himself as a religious man whose "last conscious thought" would be his wife's name and who considered all his children to be his "favorite."
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April 03, 2024
1-800-Flowers Seeks $4.3M In Fees After Rival's IP Suit Failed
After dispatching a trademark infringement lawsuit from Edible Arrangements last month, rival retailer 1-800-Flowers.com told a Georgia federal judge on Tuesday it should be entitled to up to $4.3 million attorney fees for being forced to defend against the "anemic" and "oppressive" litigation.
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April 03, 2024
Special Counsel Tells Judge Cannon To Rule On PRA Issue
The special counsel prosecuting former President Donald Trump over the alleged mishandling of classified documents at his Mar-a-Lago estate told U.S. District Judge Aileen Cannon that she needs to rule on Trump's argument that he was authorized under the Presidential Records Act to take the documents and cannot send the question of law to the jury.
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April 02, 2024
Ga. Judge Tosses Ex-Police Chief's Retaliation Suit
A Georgia federal judge has freed the city of Austell from a lawsuit brought against it by its former police chief, who alleged that he was forced out of his job after three years of raising concerns about the safety of department facilities.
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April 02, 2024
CSX Denies Liability In Backroads Bridge Crash Suit
Freight railway giant CSX on Monday denied wrongdoing and insisted it can't be held liable for the injuries of two women who blamed the company's shoddy upkeep of a backroads bridge for a 2022 car crash.
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April 02, 2024
11th Circ. Sends OpenAI Fee Fight Back To District Court
The Eleventh Circuit vacated a Georgia federal judge's decision not to dock OpenAI attorney fees for attempting to remove a Georgia radio host's defamation suit to federal court, saying the judge should have but did not adequately explain the reasons for the denial.
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April 02, 2024
Boston Bomber Case Offers Clues For Trump Jury Selection
A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.
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April 02, 2024
Ex-Trustees Urge Ga. High Court To Take On Legal Fee Spat
Former trustees of a furniture tycoon's trust have asked the Georgia Supreme Court to rule that the trust has a duty to defend them against claims from the trust beneficiaries, arguing that this "appeal has implications for every indemnitee/insured" in the state.
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April 02, 2024
20 Republican-Led States Urge Justices To Ax Climate Suits
A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.
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April 02, 2024
Ga. Children's Hospital Accused Of Mining Patient Data
A major Georgia pediatric healthcare system has been using web data trackers to illegally transmit confidential patient data to Facebook and other companies to boost its bottom line, according to a proposed class action filed in the Peach State on Tuesday.
Expert Analysis
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How Protected Are AI Product Developers From Liability?
ChatGPT is at the center of one of the first notable lawsuits testing the boundaries of defamation protection for artificial intelligence products, and the scarcity of similar litigation underscores how many unanswered questions remain about responsibility for the inaccurate information emerging from AI, says Christopher MacColl at Zuckerman Spaeder.
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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.