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Check Terms Can Alter Unequivocal Settlement Agreement Terms
The Court of Appeals of Georgia has found a settlement agreement lacking in the essentials of contract formation where an offeree...
Sam Mullman
Apr 2, 20242 min read
Practice Tip: Verify Your Complaint If Seeking an Injunction
The Georgia Court of Appeals reminded litigants to verify your complaint if you seek an injunction in a trial court. Parnell v. Sherman &...
Sam Mullman
Jul 12, 20222 min read
Court of Appeals Offers Guidance on Ratification of Independent Contractor's Wrongful Acts
In Georgia, an employer is not responsible for the torts of its independent contractor. Whitaker Farms v. Fitzgerald Fruit Farms, 347 Ga....
Sam Mullman
May 6, 20222 min read
How to Argue the Plain Language of a Contract
Judge Dillard and the Court of Appeals walked through contract analysis in a detailed manner to hold that the plain language of a...
Sam Mullman
Nov 23, 20214 min read
Market Value At Time Of Breach Is Value Used to Determine Damages On Convertible Note
The Court of Appeals of Georgia held that a liquidated damages provision in a convertible note was a penalty and therefore unenforceable...
Sam Mullman
Nov 17, 20216 min read
Strict Scrutiny Applies To Employment Agreement That Is Not Ancillary To Sales Agreement
The Court of Appeals of Georgia held that employment agreements, including restrictive covenants contained therein, that are not...
Sam Mullman
Nov 3, 20213 min read
Repudiation of Fraudulent Act of Ratification Nullifies Said Ratification
The Court of Appeals of Georgia held that there is no ratification of any conduct or act where an alleged principal (1) obtains no...
Sam Mullman
Oct 12, 20213 min read
Credit Card Agreement Is Not Required To Be Produced In Litigation For Credit Card Debt
The production of an actual signed contract between a credit card user and the issuing bank is not required for a court to grant summary...
Sam Mullman
Sep 21, 20212 min read
Arbitration Clause Must Be Initialed By All Parties in Georgia
The Court of Appeals of Georgia clarified that arbitration clauses must be initialed by every signatory to an agreement. Vasudeva v....
Sam Mullman
Aug 17, 20212 min read
Sale of Ownership Interest In Company Does Not Remove Liability Under Personal Guaranty
The Georgia Court of Appeals enforced a personal guarantee against two individuals, one of which sold his economic interest in the...
Sam Mullman
Jul 29, 20212 min read
Assignment of LLC Membership Interest Does Not Assign Claims for Fraud
The assignment of a member's interest in an LLC does not automatically give the acquiring party the right to sue for fraud or fraudulent...
Sam Mullman
Mar 9, 20212 min read
Public Policy in Favor of Arbitration Prevails Over Public Policy Against Unlicensed Contractors
The Georgia Court of Appeals decided on Tuesday, March 2, 2021, that the public policy favoring arbitration provisions prevails over...
Sam Mullman
Mar 3, 20212 min read
Accepting Partial or No Payment Under Agreement Term Can Be Waiver and Create Quasi-New Agreement
The Georgia Court of Appeals held on Monday, March 1, 2021, that repeated late, irregular payments accepted by the party receiving...
Sam Mullman
Mar 2, 20212 min read
Honest Belief Defense to Extortion Requires Subjective Belief and is a Question For the Jury
The Court of Appeals of Georgia decided a question of first impression on Wednesday, February 24, 2021, ruling that the honest belief...
Sam Mullman
Feb 28, 20212 min read
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