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Georgia’s Apportionment Statute Applies to Purely Monetary Loss,
But Does Not Abrogate Joint and Several Liability for Tortfeasors Acting in Concert. By Scott L. Bonder On March 13, 2019, the Georgia...
FBW
May 9, 20193 min read
The Duty of Landowners to Prevent Criminal Attacks
Two recent appellate court decisions highlight the hurdles plaintiffs must overcome when seeking to hold a landowner responsible for a...
FBW
Apr 8, 20193 min read
The Intersection Between Arbitration Agreements and Statutory Rights
By Joseph A. White and David S. Fried In recent years, courts throughout the country (including, notably, the United States Supreme...
FBW
Nov 7, 20182 min read
The Limits of Blue-Penciling: Georgia Court Strikes Non-Compete That Lacks Geographic Restriction
By Joseph A. White and David S. Fried It drew a great deal of attention a few years ago when Georgia adopted its new “restrictive...
FBW
Oct 31, 20183 min read
Amazon’s Liability for Distributing Dangerous Products: A Georgia Court Weighs In
By Joseph A. White, Fried & Bonder, LLC When is Amazon liable for selling a dangerous product to a consumer? And what facts must a...
FBW
Oct 22, 20182 min read
Georgia Supreme Court Clarifies, Finally, Res Judicata
By Scott Bonder Res judicata is a legal doctrine that holds that a matter decided on its merits by a court of competent jurisdiction may...
FBW
Oct 9, 20183 min read
Recovering for Injuries Caused by the Government
We’ve all been driving or riding on the streets of Atlanta, when all of a sudden—BADONK!—you drive through an enormous pothole. Maybe you...
FBW
Jun 2, 20182 min read
What To Do Following a Car Wreck
Whether moderate or severe, being involved in a car wreck is a scary experience. Often times following impact, the parties involved in a...
FBW
Apr 22, 20183 min read
Hands Free Georgia Act – Tackling Distracted Drivers
By David S. Fried, Fried & Bonder, LLC. In 2016 Fried & Bonder wrote about AT&T’s program “It Can Wait,” aimed at ending texting and...
FBW
Feb 18, 20183 min read
8th Circuit: Obesity Not an ADA-Protected Disability
In previous posts, we’ve contemplated whether obesity might qualify as an ADA-covered disability under the more relaxed standards ushered...
FBW
Apr 18, 20163 min read
A Whirlwind Month for Sexual Orientation Discrimination Claims
Since Congress enacted Title VII in 1964, federal courts have almost uniformly declined to recognize a statutory claim based on sexual...
FBW
Mar 30, 20162 min read
Must The Jury Apportion? Appellate Court Says No…Sort Of…For Now
Georgia’s apportionment statute requires a jury, upon a party’s request, to apportion fault among all the bad actors responsible for an...
FBW
Mar 28, 20163 min read
Trial Court Should Have Allowed Unidentified Witness, Appellate Court Holds
Surprise! A medical malpractice plaintiff won a significant victory this month when the Court of Appeals held that a trial court should...
FBW
Mar 28, 20162 min read
Documents Acquired by Merger Are “Business Records” of Acquirer, Appellate Court Holds
The Georgia Court of Appeals recently held that the “business records” exception to the hearsay rule applies to documents acquired by...
FBW
Mar 2, 20161 min read
EEOC: Employers Must Individually Assess Prospective Employees’ Disability Status
Cessna recently paid six figures to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission...
FBW
Mar 2, 20161 min read
Conditional Response To Discovery Request May Result In Waiver Of Objections
By Joseph A. White It is common practice for litigators to respond to discovery requests by reciting a litany of objections, followed by...
FBW
Jan 8, 20162 min read
Georgia Supreme Court Clarifies Method for Calculating Attorney’s Fees under
This month, the Supreme Court of Georgia held that a party cannot rely solely on a lawyer’s contingency fee agreement to prove the amount...
FBW
Jan 8, 20162 min read
Don’t be a Target: 5 Things You Can Do to Prevent Fraudulent Charges
Last week, Target announced that criminals may have stolen credit and debit card data (i.e., names, payment card numbers, expiration...
FBW
Jan 7, 20161 min read
Appellate Decision In Sexual Abuse Case Holds Lesson For Georgia Employers
By Joseph A. White Georgia employers who fail to follow their own background check procedures do so that at their peril. That is one of...
FBW
Jan 7, 20162 min read
Georgia’s Ante Litem Notice Requirements– Strict Just Got Stricter
By David S. Fried The Georgia Tort Claims Act (“GTCA”) outlines the specific circumstances under which the State or its municipalities...
FBW
Jan 7, 20165 min read
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