News & Analysis as of

GA Supreme Court

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...more

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Troutman Pepper Locke

Unveiling the Impact: How Georgia's Open Records Act Affects Private Businesses — Regulatory Oversight Podcast

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In this episode of Regulatory Oversight, Stephen Piepgrass is joined by his colleague David Dove to discuss a recent Georgia Supreme Court decision that significantly impacts private companies under Georgia's Open Records...more

Jackson Lewis P.C.

Georgia High Court: Implicit Geographic Scope Sufficient for Valid Employee Non-Solicitation Covenant

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The Georgia Supreme Court has held that employee non-solicitation provisions need not contain an express geographic restriction to be enforceable. North American Senior Benefits v. Wimmer, No. S23G1146 (Sept. 4, 2024). It...more

BakerHostetler

The Supreme Court of Georgia Temporarily Allows LIFE Act

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On October 7, the Supreme Court of Georgia granted the State of Georgia’s Emergency Petition for Supersedeas to stay the order of the Superior Court of Fulton County permanently enjoining Georgia’s Living Infants Fairness and...more

Littler

Georgia’s Restrictive Covenants Act Does Not Require That Restrictive Covenants Contain Express Geographic Restriction

Littler on

In June 2023, the Georgia Court of Appeals held in North American Senior Benefits, LLC v. Wimmer that an employee non-solicitation covenant must contain an express geographic limitation to be enforceable. On September 4,...more

Kilpatrick

Georgia Supreme Court Finds Restrictive Covenants Not Required to Contain Express Geographic Restriction

Kilpatrick on

In a win for Georgia employers seeking to enforce restrictive covenants, the Supreme Court of Georgia ruled that restrictive covenants are not required to contain an express geographic limitation to be enforceable under the...more

Seyfarth Shaw LLP

Georgia Supreme Court Reverses Lower Court Rulings and Holds Non-Recruitment Provisions do not Need to Contain Explicit Geographic...

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Jimmy Buffett once eloquently said that “without geography, you’re nowhere.”  But how does that insight apply to restrictive covenants that lack explicit geographic limitations in Georgia? While Jimmy never got to find out,...more

Epstein Becker & Green

Georgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits

Last summer, as discussed in this blog, the Georgia Court of Appeals issued a decision in N. Amer. Senior Benefits, LLC v. Wimmer that presented potential challenges for employers seeking to enforce employee non-solicitation...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

The Georgia Supreme Court on Monday issued a ruling that expands the scope of who is responsible for producing public records under the state’s Open Records Act. The court also allowed for records requests to be sent to...more

Eversheds Sutherland (US) LLP

Court of Appeals affirms “grandfather” rights in Territorial Act renovation dispute

The Georgia Court of Appeals has affirmed Georgia Power Company’s “grandfather” rights to provide electric service to a manufacturing/warehouse facility that had been expanded and renovated over the years, but not...more

BakerHostetler

Supreme Court of Georgia Upholds 6-Week Abortion Law

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The Supreme Court of Georgia issued an opinion reversing the Superior Court of Fulton County’s 2022 ruling that Sections 4 and 11 of the Georgia LIFE Act (the Act) were void ab initio....more

Littler

Georgia Courts May Not Apply Foreign Law to Restrictive Covenants That Do Not Comply with the Georgia Restrictive Covenants Act

Littler on

On September 6, 2023, the Georgia Supreme Court reaffirmed that Georgia courts must first determine whether a restrictive covenant is enforceable under Georgia law before applying a foreign choice-of-law provision....more

FordHarrison

Noncompete News: The More Things Change, the More They Remain the Same: Georgia Supreme Court Addresses Choice of Law Provisions...

FordHarrison on

Historically, Georgia courts have declined to apply another state’s law to determine whether to enforce restrictive covenants against a Georgia employee, regardless of whether the agreement stated that another state’s law...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

BCLP

Georgia Supreme Court Takes Aim at Premises Liability & Apportionment

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The Georgia Supreme Court recently decided important premises liability questions and found landowners liable for injuries to persons on their property caused by third-party criminal assailants....more

Bradley Arant Boult Cummings LLP

Ga. Needs To Resolve Cannabis Counsel Confusion

In early March, Georgia's Access to Medical Cannabis Commission finally adopted rules governing the state's low-THC oil industry. As businesses navigate this new landscape, legal questions will inevitably pop up. And...more

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

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A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

Bradley Arant Boult Cummings LLP

The Georgia Supreme Court Should Reconsider Allowing Lawyers to Represent Clients Following Georgia Law

There may be no area of the law where it is more important to have legal counsel than in the United States cannabis industry. The cannabis industry has developed within the context of conflicting and evolving federal and...more

Butler Weihmuller Katz Craig LLP

Coverage By Waiver In Georgia? Not Anymore Says The Eleventh Circuit

In 2012, the Georgia Supreme Court stated, in a third-party coverage matter, “an insurer cannot both deny a claim outright and attempt to reserve the right to assert a different defense in the future.” Hoover v. Maxum Indem....more

Esquire Deposition Solutions, LLC

Indiana High Court Is Latest to Examine “Good Cause” for Remote Proceedings

Increasingly, the phrase “good cause” is being used by courts to decide whether a deposition or other judicial proceeding should be conducted remotely or in person. Depending on the jurisdiction and the precise nature of the...more

BakerHostetler

Supreme Court of Georgia Reinstates 6-Week Abortion Law

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On Nov. 23, the Supreme Court of Georgia reinstated the state’s ban on abortions after the detection of a fetal heartbeat. The Supreme Court of Georgia issued a one-page order granting the State of Georgia’s Emergency...more

Akerman LLP - Health Law Rx

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions...more

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