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Appeals › Georgia

Faegre Drinker Biddle & Reath LLP

Georgia Court of Appeals Confirms “First Sale” as Used in Statute of Repose Refers to Sale of First Unit of Repeatedly Purchased...

Faegre Drinker Biddle & Reath LLP on

Georgia’s product liability statute of repose requires actions to be commenced within 10 years of “the date of the first sale for use or consumption” of the product at issue. OCGA § 51-1-11(b)(2) (emphasis added). While the...more

Foley & Lardner LLP

Eleventh Circuit Finds Volunteer Golf Attendants Not Entitled to Compensation Under the FLSA

Foley & Lardner LLP on

On March 12, 2024, the U.S. Court of Appeals for the Eleventh Circuit (covering Alabama, Florida, and Georgia) affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants...more

Bradley Arant Boult Cummings LLP

Bid Protests in Georgia

Bradley Arant Boult Cummings LLP on

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid Protests in Virginia,”...more

Smith Gambrell Russell

New Georgia Procedure for Appealing Decisions of Lower Judicatories to State or Superior Court Takes Effect July 1, 2023

Smith Gambrell Russell on

Effective July 1, 2023, Georgia House Bill 916 (2022), the “Superior and State Court Appellate Practice Act,” will repeal and replace Georgia’s complex notice of appeal and certiorari review statutes (former O.C.G.A. §§ 5-3-1...more

Wiley Rein LLP

Election Eve Decisions – The Supreme Court Clarifies Reach of Purcell, Reversing Eleventh Circuit

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The United States Supreme Court late last month vacated the stay of an injunction entered by the U.S. Court of Appeals for the Eleventh Circuit. In a brief, one-paragraph order with no dissents, the Supreme Court held that...more

Smith Gambrell Russell

Blinded By The Light? Georgia Court of Appeals Says Commercial Greenhouse Light Not A Nuisance

Smith Gambrell Russell on

In Kempton v. Southern Flavor Real Estate, L.P., the Georgia Court of Appeals affirmed a summary judgment order in favor of a commercial greenhouse operator and against a residential neighbor’s claim of nuisance due to excess...more

Schwabe, Williamson & Wyatt PC

Oral Argument on Federal Contractor Vaccine Mandate and Potential Impact of Supreme Court ‎Decisions

Schwabe, Williamson & Wyatt PC on

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction - Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more

Schwabe, Williamson & Wyatt PC

Oral Argument Set for April 8 on Appeal of Injunction against Federal Contractor Vaccine Mandate

Schwabe, Williamson & Wyatt PC on

Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more

Smith Gambrell Russell

There is No Common-Law Right to Boot a Vehicle in Georgia: Booting a Car is Not the Same as Corralling Livestock

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In the case of RCC Wesley Chapel Crossing, LLC et al. v. Forrest Allen et al., the Georgia Supreme Court addressed whether a common-law right exists to allow a private property owner to boot a vehicle parked on its property...more

Smith Gambrell Russell

The Importance of Follow-Up/Oversight on Contract Provisions

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Companies should be aware that even when they have a written contract that spells out the parties’ responsibilities, e.g., pay rent monthly, they need to monitor compliance with those responsibilities. Failure to do so –...more

Smith Gambrell Russell

Georgia Looks at the Creation of a Contract Through a Phone App

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Consumers increasingly conduct business on their phones. They create accounts and make purchases through apps on their phone. But when does a consumer create a binding contract when he conducts business on his phone? The...more

White and Williams LLP

Strictly Speaking, the Plaintiff’s Fault Matters in Products Liability Actions in Georgia

White and Williams LLP on

Many states, finding that the purpose of the strict liability doctrine is to protect otherwise defenseless victims from defective products, hold that principles of comparative negligence do not apply to strict liability...more

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