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COA Clarifies the Proper Standard for Substituting John Doe Defendants and the Correct Standard for Determining Personal Jurisdiction on a Motion to Dismiss
In Monroe v. Mayfield Self Me-064 Storage , the Court of Appeals recently tackled two key procedural issues: (1) the proper method for...
Annie Seay
Jan 28, 20253 min read
Court of Appeals Offers "Collusion" Definition for Vanishing Venue Disputes
The Court of Appeals of Georgia has stated – for the first time – a definition of collusion in the context of vanishing venue. Proof of...
Sam Mullman
Sep 23, 20243 min read
Georgia Court of Appeals Changes Standard from Clearly Erroneous to De Novo to Govern Self-Contradictory Testimony
The Court of Appeals has overturned decades of precedent on the question of the standard for self-contradictory testimony in Pollard v....
Sam Mullman
Jun 26, 20243 min read
COA Reviews Alternative Service on LLC's Registered Agent/Office
The Georgia Civil Practice Act allows for service of an entity via its registered agent. O.C.G.A. § 9-11-4 (e) (1). However, there are...
Sam Mullman
Mar 28, 20234 min read
Notice of Suit Does Not Waive Defense of Lack of Service
The Court of Appeals of Georgia ruled that notice of a lawsuit does not waive the defense of lack of service. IMC Construction Company,...
Sam Mullman
Oct 18, 20223 min read
When A Statute of Limitations Begins to Run Must be Analyzed Separately For Each Claim Asserted
The Supreme Court of Georgia has clarified that when a statute of limitations begins to run is contingent on the underlying elements of...
Sam Mullman
Sep 22, 20226 min read
Court of Appeals Discusses Applicability of O.C.G.A. §§ 9-11-37 (a)(4) and (b)(2) to Non-Parties
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...
Sam Mullman
Aug 4, 20224 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
No Apex Doctrine in Georgia but All Factors of Apex Doctrine Should Be Considered
The Supreme Court of Georgia issued a decision on whether or not the Apex Doctrine is adopted in Georgia when a party seeks the...
Sam Mullman
Jun 13, 20227 min read
COA Muddies the Waters on Good Faith Basis of Offer of Settlement
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...
Sam Mullman
Jun 1, 20225 min read
Supreme Court of Georgia Allows Recovery of Legal Fees Under OCGA § 13-6-11 and OCGA §9-11-68
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...
Sam Mullman
Apr 1, 20224 min read
When to File an Application to Confirm an Arbitration Award with a Pending Appeal
The Georgia Arbitration Code provides that a "court shall confirm an award upon application of a party made within one year after its...
Sam Mullman
Feb 17, 20223 min read
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