The Court of Appeals of Georgia ruled that notice of a lawsuit does not waive the defense of lack of service. IMC Construction Company, Inc. v. Mitchell, A22A0995, 2022 WL 4493625 (Sept. 28, 2022). Essentially, notice of the suit is insufficient in the absence of actual service in compliance with O.C.G.A. § 9-11-4. Id.
As…
The Supreme Court of Georgia has clarified that when a statute of limitations begins to run is contingent on the underlying elements of the claims asserted, and therefore, must be analyzed on a claim by claim basis since the clock can begin running on different dates. Coe v. Proskauer Rose, LLP, S21G1250, 2022 WL 4086420…
The Court of Appeals clarified that O.C.G.A. § 9-11-37 (a) (4), which authorizes an award of attorney’s fees in connection with a motion to compel discovery, applies to nonparties, however, O.C.G.A. § 9-11-37 (b) (2), which authorizes an award of attorney’s fees as sanctions for violating discovery orders, does not apply to nonparties. NRD Partners…
The Georgia Court of Appeals reminded litigants to verify your complaint if you seek an injunction in a trial court. Parnell v. Sherman & Hemstreet, Inc., A22A0069, 2022 WL 2070942 (June 9, 2022).
The failure to file a verified complaint “can be amended and does not subject the injunction to dismissal if it was supported…
The Court of Appeals offered guidance on the corporate continuation doctrine finding that the factors as stated at common law are the only factors to be considered, and that equitable considerations beyond those elements are not properly considered by a court. Pop 3 Ravinia, LLC v. Embark Holdco Management, LLC, A22A0127, 2022 WL 2234985 at…
The Supreme Court of Georgia issued a decision on whether or not the Apex Doctrine is adopted in Georgia when a party seeks the deposition of a high-ranking official in a company. The Supreme Court ultimately stated:a court considering whether factors commonly associated with the apex doctrine should limit or bar a plaintiff from deposing…
An offer of settlement for $3,000.00 on a $40,000.00 claim was found to not be made in good faith despite the defendant in the case arguing that plaintiff lacked standing and had suffered no damages. The Coastal Bank v. Rawlins, A22A0286, 2022 WL 1074090 (Ga. Ct. App. April 11, 2022). In Rawlins, a beneficiary of…
In Georgia, an employer is not responsible for the torts of its independent contractor. Whitaker Farms v. Fitzgerald Fruit Farms, 347 Ga. App. 381, 385 (1), 819 S.E.2d 666 (2018); Lopez v. El Palmar Taxi, 297 Ga. App. 121, 123 (2), 676 S.E.2d 460 (2009). In fact, the General Assembly of Georgia has codified this…
Maybe the title of this pose does not exclaim what a big deal this case is for litigants. The Supreme Court of Georgia held that it is not a double recovery for a Plaintiff to receive attorneys’ fees and expenses under both O.C.G.A. § 13-6-11 and O.C.G.A. § 9-11-68(b)(2) in the same case. Junior v.…
The Georgia Arbitration Code provides that a “court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court[.]” O.C.G.A. § 9-9-12. The Court of Appeals of Georgia recently clarified that the one year limitation is suspended upon…
