... by Congressman Hank Johnson of Georgia in March, and the Senate version, S. 931, was introduced by Senator Feingold of Wisconsin in April. While the House version proposes to eliminate compulsory arbitration in consumer, employment and franchise agreements without specifically ... costs would make those claims economically non-viable. According to attorney Craig T. Jones of the Atlanta law firm of Page Perry, which practices primarily in the investment fraud arena, "arbitration can be a useful and ...
July 2, 2009 10:14 am

Whither The Heeding Presumption?

(Drug and Device Law)
... (Pa. Super. 2006) (heeding presumption limited to products involuntarily encountered in the course of a plaintiff's employment). But while we've considered the presumption's applicability with respect to unavoidably unsafe products, we ... the accident from occurring"); Porter v. Eli Lilly & Co., 2008 WL 544739, at *11 (N.D. Ga. Feb. 25, 2008) ("there is no indication in Georgia law, however, that it would apply this comment in the manner of a 'heeding presumption' that would vitiate the need for ...
July 2, 2009 05:18 am
... basis for challenging a state government employer's discrimination against a transgendered employee. According to Judge Story's opinion, Glenn, perceived by the defendants as male, was hired by the Georgia General Assembly's Office of Legislative ... it has an important policy justification for discriminating based on sex. It is now well-established in federal law that discrimination based on the failure of an individual to conform to sexual stereotypes is a form of sex discrimination. In this case, ...
July 1, 2009 12:08 pm

89 New Georgia Laws Take Effect

(Atlanta Personal Injury Lawyer)
July 1st marks the day that 89 new Georgia laws go into effect. Here are just a few of the new laws and what we can expect: Vendors ... Compliance Act will take effect today. It requires that all companies that do business with public employers verify that their employees are in the country legally. Changes to Schools and Education ... pre-recorded audio or video instead of appearing in person. State Government A new law states that absentee ballots must be counted and recorded at precinct level, and ...
June 30, 2009 10:08 pm
... compete covenant in a franchise agreement between Atlanta Bread Company and Sean Lupton-Smith is enforceable under Georgia law. The covenant at issue states as follows: During the term of this Agreement, neither [Lupton-Smith] nor any Principal Shareholder ... should be treated differently, confirming that the court has held time and again" that franchise agreements and employment agreements are subject to the same strict scrutiny (meaning, among other things, that it cannot be blue-penciled). This ...
June 29, 2009 05:36 pm
... or medical treatment as it relates to your on the job injury so long as it is in the course and scope of your employment. Second you are entitled to weekly income benefits, if a medical provider takes you out of work ... your injury. Typically the doctor will issue you a permanent impairment rating at the end of your treatment or once you have reached maximum medical improvement also known as MMI. Under Georgia law, each body part has been issued a number of weeks by the legislature. For example if ...
June 29, 2009 12:02 pm

Fresh green mix of healthy law

(The Appellate Gourmet (c))
... 's bad faith, Washington's Division 1 Court of Appeals said. Disability: EMPLOYER'S FAILURE TO FOLLOW PLAN MEANS $213K REINSTATEMENT AWARD, Pannebecker v. ... 's decision not to settle results in a judgment or settlement in excess of the policy limits, the Georgia Supreme Court has ruled. The U.S. District Court for the Northern District of ... NICA's motions for clarification Reported at 34 Fla. L. Weekly D1275a The Law Lady. For more information, click here, where you can request to be placed on our ...
June 28, 2009 06:47 am
... like California, it is more like half of all doctors refuse to treat Medicaid patients. In Georgia, Rep. Alan Powell tried to introduce a bill (HB 89) earlier this year. ... don't really have their own health coverage-they get it from their employers. And if the coverage provided in the government-run plan is cheaper than what ... actuaries at the Lewin Group suggest that well over half of all Americans currently with employer-sponsored health coverage-nearly 120 million individuals-would lose their ...
June 25, 2009 07:14 am
... on a damp hillside. The fatality was 66-year-old Angel Chupin, a concrete worker employed by SDC, a Kennesaw construction company. Chupin was survived by a wife and eleven children. According ... death. Hardin Construction and Williams Erection are both planning to appeal the fines. Federal law gives them 15 days to do so. There was no word yet from ... our Worker's Compensation page and to read further about your rights under Georgia's Worker Compensation Laws. If you have been injured, call MLN Law ...
June 22, 2009 10:00 pm

Atlantans vent about Georgia workers' compensation rights

(Georgia Workers' Compensation Lawyer Blog)
... display their frustrations. A few days ago, the following rhetorical question was posted: What good is Georgia's Worker's Comp program if it allows employers to fire you immediately upon filing a claim???? While Georgia does not have a ... the injured worker, which would otherwise lessen exposure for disability benefits. Third, if the claim goes before an Administrative Law Judge, and evidence is presented that the injured worker was fired after filing for workers' compensation, how do you think ...
June 22, 2009 08:16 pm
... they run the tests.) At the end of the day, if you do the tests (as Texas law requires), guilty people gaming the system will be identified and won't receive ... their Conviction Integrity Unit pretty routinely, even teaming up with my employers at the Innocence Project of Texas to vet all their old DNA cases, a process ... established. We face the prospect that Troy Davis, an innocent man on death row in Georgia, faces imminent execution, absent intervention by the high court or by President Barack Obama ...
June 21, 2009 02:11 am
... in prison on Thursday. The Savannah Morning News has the story. The indictment against the couple states that they employed one or more illegal immigrants since February in order to "obtain commercial advantage and private financial gain." Prosecutors ... Bush Administration. We'll see if that pace continues with the new folks in charge. Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for people charged ...
June 19, 2009 03:26 pm
... "Church-activity ban prompts legal fight," raised questions about what will judges do (and also what would Jesus do) concerning a Georgia law prohibiting sex offenders from volunteering at churches. Here are some of the particulars: A Georgia law banning sex ... law, one of the toughest in the nation. A new provision says no registered sex offender shall be employed by or volunteer at a church. This makes it a crime for sex offenders to sing in adult choirs, prepare for revivals or cook meals in a ...
June 18, 2009 06:51 am
... time limitations. (Wisconsin and Georgia are the only two states that we are aware of that have such requirements.) It also found that the non-solicitation of customers provisions found in the former employees' employment agreements were unenforceable because they ... decision whether Smith Barney had shown that some or all of this information constituted a trade secret under Wisconsin law, despite the fact that Smith Barney had pled a claim for trade secret misappropriation against the defendants. ...
June 15, 2009 05:25 pm

Auto Accidents on I-285 Kill Three in Atlanta

(Atlanta Personal Injury Lawyer)
... medical expenses, pain, suffering, loss of income, and other damages. At MLN Law, we provide caring, aggressive representation to victims of drunk driver accidents. We ... facts in your case. Drunk commercial vehicle drivers have a different standard. In Georgia, it's illegal to drive a commercial vehicle with a blood alcohol content over 0 ... may own the trailer, and yet another company may employ the truck driver. At MLN Law, we will investigate all possible sources of compensation for injuries caused ...
June 15, 2009 07:34 am
... guilty after deliberating for two and a half hours Wednesday and Thursday. Watson is still currently employed as a deputy, and Sheriff Darren Mitchum says he still stands behind Watson's story. Hartel' ... well-known Macon attorney, and a good friend of our firm. We congratulate her and her client on their impressive victory in a difficult jurisdiction. Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for ...
June 14, 2009 07:10 pm
... jurors are simply citizens summoned to play a role in the judicial system. A juror cannot be related to a party or employed by a corporate party, but, generally, there are very few qualifications. There is no requirement that a juror ... to deter future misconduct. Punitive damages require proof of more than negligence or gross negligence. In Georgia, punitive damages must generally be based on willful misconduct or a "conscious indifference" to the consequences of its actions. Punitive damages are ...
June 14, 2009 04:33 am

New California Appellate Decision On Peer Review: Physician Burden of Proof

(California Attorneys Representing Licensed, Regulated And Other Professionals)
... allows for adequate evaluation and resolution of reasonable doubts concerning their current qualifications for staff privileges, membership, or employment. In cases not involving initial applicants for staff privileges ("established staff members"), the peer review body ... to LA Metro's Appellate Review Committee. 2. The Alleged Misconduct On January 2, 2003, Dr. Georgia Bode began work as an anesthesiologist at LA Metro with temporary privileges pending action on her application for membership on ...
June 14, 2009 01:07 am

New York Law Journl: Decisions of Interest June 10, 2009

(New York Supreme Court Criminal Term Library Blog)
... access unless otherwise noted: U.S. COURT OF APPEALS, SECOND CIRCUIT Business Law Georgia High Court Must Decide Issues Arising From Decision to Hold, Not ... v. Tomlinson NASSAU COUNTY Government Court Finds Respondents' Extension of Seasonal Employment Under CSL ยง64 Arbitrary, Capricious Matter of Civil Service Employees Assoc. ... .S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Alternative Dispute Resolution Employment Dispute's Arbitration Compelled; Claims Arose From, Related to Agreement's Terms ...
June 10, 2009 01:30 am
... labor required; The novelty and difficulty of the questions; The skill requisite to perform the legal service properly; The preclusion of other employment by the attorney due to the acceptance of the case; The customary fee; Whether the fee is fixed or contingent; Time limitations imposed by the ... nature and length of the professional relationship with the client; and Awards in similar cases. See Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir. 1974). SouthBanc does not question ...
June 9, 2009 11:41 am
 
 

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