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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
You Must Serve Every Known Address You Have Or Risk Default Being Set Aside
A trial court in Georgia set aside a default judgment stating, (1) that service was insufficient, and (2) that the court had wide...
Sam Mullman
Jul 21, 20215 min read
Spoliation Is A Question To Be Decided By Judge Prior to Trial, Not at Charge Conference Mid-Trial
The Georgia Court of Appeals decided that a trial judge erred in instructing the jury on spoliation of evidence that effectively made the...
Sam Mullman
Jul 9, 20213 min read
Georgia Declines to Adopt "Apex Doctrine" and Allows Plaintiff to Depose CEO of General Motors
In a ruling that will surely have ramifications for litigants in the State of Georgia, the Court of Appeals declined to adopt the Apex...
Sam Mullman
May 12, 20213 min read
Statute Of Limitations For Breach Of Express Warranty Vs. Implied Warranty
As a general rule, contract claims are subject to a six-year statute of limitation. See OCGA § 9-3-24. The “six-year period begins to run...
Sam Mullman
Apr 16, 20212 min read
Receiver or Auditor Cannot Also Be Appointed As Special Master
The Court of Appeals of Georgia stated that an individual cannot act as both a receiver/auditor and a special master in the same matter...
Sam Mullman
Apr 8, 20213 min read
Trial Court Not Allowed to Compel Board Members To Attend Meeting Or Order A New Quorum Requirement
A trial court overseeing a protracted church dispute waded into the waters of the corporate code as it pertains to two disputing factions...
Sam Mullman
Mar 24, 20213 min read
Accidental Failure To Produce Discoverable Information Is Not Sanctionable
The Court of Appeals of Georgia reversed discovery sanctions against a party for failing to disclose an umbrella insurance policy....
Sam Mullman
Mar 22, 20212 min read
Duty to Preserve Evidence Begins When Party Has Actual or Constructive Knowledge of Lawsuit
The Court of Appeals clarified that a party has no duty to preserve evidence if it has no actual or constructive knowledge of a lawsuit....
Sam Mullman
Mar 18, 20211 min read
Administrative Agencies Can Enforce Subpoenas In Superior Courts From Administrative Investigations
The Georgia Administrative Procedure Act (the "Act"), see O.C.G.A. § 50-13-1 et seq., gives agency procedures for administrative...
Sam Mullman
Mar 18, 20214 min read
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