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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
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
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
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
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
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