Georgia Supreme Court Overrules Precedent on Attorney’s Fees for Counterclaimants
4/8/20
By: Jake Carroll
Georgia law permits the award of attorney’s fees to a claimant where the party defending the claim has “acted in bad faith” in making the contract, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble …
Kentucky Court of Appeals Reminds Plaintiffs They Bear a "Tall Burden" in Proving Bad Faith
6/26/19
By: Barry Miller
A Kentucky Court of Appeals decision adopted a federal court’s observation that Kentucky bad faith decisions fall into two broad categories. One category reflects “a more expansive approach to a finding of bad faith,” analyzing facts where …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
In the Land of Insurance Coverage, Specificity is King
12/13/18
By: Brandon Howard
Whenever a court suspects an insurance policy is “ambiguous,” anxiety strikes the minds of both coverage counsel and insurers alike. For coverage …
Who’s Liable for Letting the Dogs Out?
10/23/18
By: Wes Jackson
“Cry ‘Havoc!,’ and let slip the dogs of war.”
William Shakespeare, Julius Caesar act 3, sc. 1.
Havoc indeed—in a case argued before the Georgia Supreme Court on October 10, two pit bulls slipped out of …
Let’s Eat Grandma! Punctuation Matters
7/19/18
By: Ted Peters
California Corporations Code Section 1601 provides certain rights to shareholders of corporations doing business in California. Specifically, as the statute currently reads, corporations are required to open their books and records upon written demand from any shareholder …
Is An Employee’s Intentional Act An Employer’s “Accident”?
7/10/18
By: Rebecca Smith and Zach Moura
It may just be, according to the California Supreme Court’s recent decision in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (June 4, 2018, No. S236765). In Liberty v. Ledesma, …
$10M Wrongful Death Verdict Against City of Albany Reversed on Sovereign Immunity Grounds
6/26/18
By: Wes Jackson
In a much-anticipated opinion, the Georgia Court of Appeals reversed a $10,640,000 trial verdict against the City of Albany on sovereign immunity grounds. Freeman Mathis & Gary attorneys Sun Choy, Jake Daly, and Wes Jackson…
Shortening the Statutory Limitations Period in a Residential Lease
5/23/18
By: Jake Daly
Every state has statutes or rules governing the time within which various types of claims must be filed. In Georgia, the general rule is that a personal injury claim must be brought within 2 years of the …
Winemakers Decan’t Warn a Consumer About Every Risk
5/16/18
By: Robyn Flegal
In May 2018, the California Court of Appeals refused to revive a class action lawsuit claiming wines made by fifteen winemakers should contain …
Antisocial Media: Court Critical of Cop Capturing Curious Citizen’s Cellphone
4/23/18
By: E. Charles Reed, Jr.
The Eleventh Circuit Court of Appeals has held that a police officer violates clearly established law by seizing a bystander’s cellphone at an accident scene in the absence of exigent circumstances.
With the rise of …
Ordinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In $22 Million Reversal
4/17/18
By: Shaun Daugherty
The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for liability are distinctly different, but in certain factual scenarios there …