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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 Refuses to Expand Corporate Continuation Doctrine and De Facto Merger Doctrine
The Court of Appeals offered guidance on the corporate continuation doctrine finding that the factors as stated at common law are the...
Sam Mullman
Jul 6, 20226 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
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
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
Georgia General Assembly Begins Amendment to Apportionment Statute
On January 10, 2022, the Georgia General Assembly introduced SB329. This is in direct response to the Alston & Bird, LLP v. Hatcher Mgmt....
Sam Mullman
Jan 13, 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
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