Georgia

  • July 08, 2024

    11th Circ. Reverses Halt On Ga. Election Spending Probe

    The Eleventh Circuit on Monday threw out a district court ruling blocking Georgia officials from enforcing a state campaign finance law against two nonprofits founded by Stacey Abrams that challenged the law's constitutionality, holding that the lower federal court should have abstained in light of a state proceeding.

  • July 08, 2024

    Ex-Ga. Insurance Chief Wants Lighter Term In Kickback Case

    Former Georgia Insurance Commissioner John Oxendine has objected to the government's recommendation that he serve 44 months in prison and pay a $700,000 fine for his role in a multimillion-dollar medical testing kickback scheme, arguing that he is deserving of a lesser sentence.

  • July 08, 2024

    Ga. County Won't 'Sit On Its Hindquarters' In Battery Fire Fight

    A Georgia county suing a battery manufacturer for a massive fire allegedly sparked by the illegal dumping of lithium-ion cells urged a Georgia federal judge Friday to spike the company's "absurd" bid to dismiss the suit, calling the effort "premature and meritless."

  • July 08, 2024

    11th Circ. Revives Fla. Worker's Retaliation Claim

    The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.

  • July 08, 2024

    Trump Allies Push For Fani Willis DQ In Election Case

    A pro-Donald Trump think tank has thrown its support behind the former president's bid at the Georgia Court of Appeals to have a trial court's decision reversed and Fulton County District Attorney Fani Willis disqualified from prosecuting Trump and 18 co-defendants over interference in the 2020 election.

  • July 08, 2024

    Amazon Must Face Podcast Defamation Suit, ICE Doc Says

    A former physician at a Georgia immigration facility who says he was falsely accused of performing forced hysterectomies on detainees has urged a federal judge not to let Amazon and podcast publisher Wondery distance themselves from a podcast episode that dubbed him "The Uterus Collector."

  • July 05, 2024

    Real Estate Recap: Post-Chevron, Lawyer Leaps, Q&A Recap

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy areas to watch in the wake of the U.S. Supreme Court's paradigm-shifting Chevron ruling, recent real estate lawyer moves and some insightful conversations with real estate lawyers you may have missed.

  • July 05, 2024

    11th Circ. Won't Touch $9.7M College Hurricane Coverage Win

    The Eleventh Circuit ruled Friday that a district court unlawfully certified a partial judgment in favor of The Baptist College of Florida for review in a $13 million insurance coverage dispute for hurricane damage costs.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    11th Circ. Affirms Wells Fargo's Win Over Bitcoin Fraud Suit

    The Eleventh Circuit ruled Friday that a Georgia federal judge correctly tossed a digital trading firm's negligence claims against Wells Fargo over the bank's role in an alleged bitcoin fraud perpetrated through Wells Fargo-held accounts, saying the company failed to show the bank owed noncustomers a duty of care.

  • July 05, 2024

    Justices Told Revoked Visa Petition Is Reviewable

    A woman whose visa petition for her Palestinian husband was revoked two years after being approved urged the U.S. Supreme Court to rule that courts can review secondary decisions, saying that lower courts' refusal to do so creates an irrational system in which only initial decisions can be reviewed.

  • July 05, 2024

    Ga. Elections Office Wants Out Of Appeals Seat Challenge

    An elections office in Fulton County, Georgia's elections department asked a judge this week to be let out of a lawsuit alleging that the winner of a recent state appeals court election lied about his residency and is ineligible for the office, arguing that the suit "fails to make even a single allegation of misconduct, fraud or irregularity."

  • July 05, 2024

    Tech Co. Wants To Undo $535K Retaliation Verdict

    A technology company on Wednesday asked a Georgia federal judge to overturn a jury's decision to award a Black worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    Georgia DAs Say Discipline Panel Already Harming Them

    A legal challenge to Georgia's new prosecutor disciplinary panel should move forward now that the panel has been cleared to begin investigating prosecutors, a bipartisan group of district attorneys told a Georgia state court.

  • July 05, 2024

    PruittHealth Hit With Data Breach Class Action

    Southeastern healthcare provider PruittHealth Inc. was hit with a proposed class action this week alleging that the company's flimsy security protocols led a North Carolina woman and more than 56,000 others to have their personal information stolen in a 2023 data breach.

  • July 05, 2024

    Top Federal Tax Cases To Watch In The 2nd Half Of 2024

    In the coming months, the U.S. Treasury and the IRS will defend rules designed to go after what they consider as abusive tax practices, including the economic substance doctrine, the Corporate Transparency Act and the moratorium on employee retention tax credits. Here, Law360 looks at key federal tax cases to watch in the rest of 2024.

  • July 03, 2024

    Red States Get ACA Trans Discrimination Rule Blocked

    Federal judges in Mississippi and Texas granted conservatives states' requests Wednesday to freeze a new rule protecting access to healthcare for the LGBTQ+ community, with both judges ruling that states are likely to succeed in showing that the U.S. Department of Health and Human Services overstepped when it created the regulations.

  • July 03, 2024

    Panel Says Settlement Evidence Was 'Harmless' In Injury Case

    The Georgia Court of Appeals on Tuesday said a trial court was right to let a hospital tell jurors about a surgeon's settlement with a man who sued over postsurgery complications, saying it is "highly probable" that the evidence didn't contribute to a jury verdict in the hospital's favor.

  • July 03, 2024

    One Judge Not Enough For TCPA Deal's Toss, 11th Circ. Told

    An Alabama woman has said a recent Eleventh Circuit decision tossing her and other class members' $35 million settlement with GoDaddy.com should get another look from a three-judge panel because outstanding questions about which of the panel's opinions control are poised to sow confusion with the district court.

Expert Analysis

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Ga. Law Creates Challenges For Foreign Ownership Of Land

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    Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • 11th Circ. Ruling May Foreshadow Ch. 15 Clashes

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    The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.

  • What The Justices' Copyright Damages Ruling Didn't Address

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    While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • Best Practices To Accommodate Workplace Service Animals

    Excerpt from Practical Guidance
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    Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

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