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Georgia
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April 01, 2024
Trump's Gag Order Expands Over 'Attacks' On Judge's Family
Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.
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April 01, 2024
Ga. Judicial Watchdog Wants Probate Judge Off The Bench
A three-member panel of Georgia's Judicial Qualifications Commission has recommended a Douglas County probate judge be removed from the bench following accusations that she violated the state's Code of Judicial Conduct on social media and jailed a woman seeking to amend her marriage record.
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April 01, 2024
Transgender Woman's Healthcare Bias Case Teed Up For Trial
A Georgia federal judge has said a behavioral health facility cannot escape claims brought against it by a transgender woman who alleges she was mocked and denied critical treatment during a stay there in 2019, teeing up the case to head to a jury trial.
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April 01, 2024
Optical Co. Beats Investor Suit Over Pandemic Staffing Levels
A Georgia federal judge has permanently tossed an investor suit accusing National Vision of failing to disclose issues with its staffing levels during the pandemic, saying the investors did not adequately plead that any of the challenged statements allegedly made by the optical company were false or misleading.
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April 01, 2024
Ga., FTC Seek $17M+ Fine And Ban On Doc's Stem Cell Ads
After securing an early win last week against a Georgia doctor and a series of companies that marketed stem cell therapy as a cure-all miracle treatment, federal regulators and the state of Georgia asked a federal judge Monday for $17.7 million in fines and an injunction barring the defendants from any future endeavors in the medical marketing industry.
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April 01, 2024
SmartRent Workers Get Class Cert. In Unpaid OT Row
A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.
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April 01, 2024
Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit
The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.
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April 01, 2024
Insurer Defends Gas Station Cleanup Exclusion To 11th Circ.
An insurer has asked the Eleventh Circuit to reject a Florida gas station owner's bid to make it pay for contamination caused by a leaking underground fuel tank, telling the appeals court the station's policy doesn't cover an incident discovered well before the policy went into effect.
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April 01, 2024
Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction
A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.
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April 01, 2024
Trump Urges 11th Circ. To Revive $475M CNN Defamation Suit
Donald Trump has asked the Eleventh Circuit to revive a $475 million defamation lawsuit the former president filed against CNN, alleging the network spent years "wrongfully Hitlerizing" him by calling his challenges to the 2020 election results his "Big Lie."
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April 01, 2024
Fennemore Craig Adds 80 Legal Pros From Moye White
Fennemore Craig PC said Monday it will add about 80 lawyers and legal professionals to its Denver office later this month from Moye White LLP — its fourth mass lateral hiring spree of 2024.
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April 01, 2024
With Suit, NJ City Looks To Clear The Air About Cops' Pot Use
A New Jersey city's lawsuit demanding clarity over whether state or federal law governs off-duty pot use for cops could help cannabis and employment lawyers navigate a growing battle between workers' rights and workplace safety.
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March 29, 2024
Petition Watch: Off-Label Ads, Retiree Discrimination & PPE
A Utah attorney has asked the U.S. Supreme Court to determine whether allegedly retaliatory IRS summonses can be quashed, and two former pharmaceutical executives are challenging the constitutionality of their convictions for marketing the off-label use of a drug. Here, Law360 looks at recently filed petitions that you might've missed.
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March 29, 2024
High Court SEC Case May Bear On DOJ's Immigration Probes
A highly anticipated Supreme Court decision on the constitutionality of the U.S. Securities and Exchange Commission's tribunal body could lend support to Walmart and SpaceX in immigration enforcement proceedings, and it may even have the potential to strike the foundation of immigration courts.
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March 29, 2024
Argentine Gunmaker Accused of Hiding Light Trigger Defect
An Argentine gun manufacturer was hit with a lawsuit by a Georgia man who says that a dangerous defect in the design of a 9 mm pistol got him shot when the gun accidentally discharged.
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March 29, 2024
Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment
An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.
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March 29, 2024
Red States Say Court Must Lift LNG Export Review Pause
A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.
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March 29, 2024
Ga. School District Sanctioned Over Missing Records
A Georgia federal judge ruled Thursday that a school district should be sanctioned for destroying or failing to preserve records surrounding the 2019 suicide of a middle school student when the district knew it would likely be sued by his family.
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March 29, 2024
Atty Called A Flight Risk In $1.3 Billion Tax Fraud Case
An attorney serving a 23-year prison sentence for tax fraud in a $1.3 billion conservation easement scheme is a flight risk and should remain in federal custody while he waits for his appeal, the government told a Georgia federal court Friday.
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March 28, 2024
Trans Officer's Harassment Was 'Severe,' 11th Circ. Says
The Eleventh Circuit on Thursday revived a lawsuit brought by a transgender correctional officer in Georgia, saying he faced a hostile work environment and that a lower court wrongly determined he didn't experience "severe or pervasive" misgendering harassment by colleagues and supervisors.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
Hard Rock Cafe Workers Score Conditional Cert. In Tip Suit
A Georgia federal judge has granted conditional class certification to a group of Hard Rock Cafe servers alleging the company forfeited its right to pay servers subminimum tipped wages by compelling them to perform excessive untipped work and not telling them a tip credit would be taken against their wages.
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March 28, 2024
Delta Allowed In-Flight Sexual Assault, Passenger Alleges
Delta Air Lines failed in March to protect a passenger from her seatmate, an off-duty airline employee who has since pled guilty to groping her while she slept, according to a Thursday complaint in Washington state court that alleges flight attendants served the assailant alcohol after he was obviously drunk.
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March 28, 2024
Ga. Airbnb Owner Must Face Suit Over Off-Property Injury
A woman who was injured by a falling limb outside an Airbnb in Savannah, Georgia, has had part of her suit revived by a state appeals court, which found that the rental owner could be liable for the injury because it occurred on an "approach" to his property though not directly on it.
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March 28, 2024
Film Producer, 2 Cos. To Pay SEC $3.5M In ICO Scheme
A Georgia federal judge on Thursday signed off on a $3.5 million penalty levied by the U.S. Securities and Exchange Commission against two failed cryptocurrency ventures and the Atlanta film producer who promoted them through a pump-and-dump scheme.
Expert Analysis
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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.
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11th Circ. Ruling May Impede Insurers' Defense Cost Recoup
The Eleventh Circuit's recent Continental Casualty v. Winder Laboratories ruling that insurers cannot obtain reimbursement of defense costs from their insureds where the policy itself does not require such reimbursement is likely to be cited as persuasive authority in Georgia and other states without clear precedent on the issue, say Christy Maple and Robert Whitney at Phelps Dunbar.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Parsing FTC's Intercontinental-Black Knight Merger Challenge
The Federal Trade Commission's recent Article III case challenging a merger between Intercontinental Exchange and Black Knight suggests the agency is using a structuralist approach to evaluate the merger's potential anti-competitive harm, says David Evans at Kelley Drye.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Opinion
Harsh 11th Circ. Rebuke Should Inspire Changes At CFPB
The Eleventh Circuit's recent Consumer Financial Protection Bureau v. Brown decision, which found the CFPB's conduct had been egregious in a debt collection enforcement action, should encourage some reflection at the bureau regarding its level of attention to the reasonable due process concerns of regulated institutions, says Eric Mogilnicki at Covington.
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Keep Up With Telemarketing Compliance: State Law Roundup
As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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Series
Ga. Banking Brief: All The Notable Compliance Updates In Q2
Legislation signed into law in the second quarter of the year in Georgia tackled a broad range of issues that will affect financial institutions, from money laundering and consumer protection to commercial financing disclosures and a lengthy cleanup of the banking and finance code, says Elizabeth Garner at Parker Hudson.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Tide May Be Turning On Texas Two-Step Bankruptcy Strategy
Recent developments in several high-profile bankruptcy cases suggest that the use of the Texas Two-Step to shield solvent companies from tort claims may be falling out of favor, but until the U.S. Supreme Court hears one of these cases the strategy will remain divisive and the subject of increased scrutiny, say attorneys at Rivkin Radler.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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What The ESG Divide Means For Insurers And Beyond
The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.