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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
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
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
Practice Tip: Object to Jury Charge at Charge Conference and When Jury Returns the Verdict
The form of a verdict and the submission of a special verdict are within the discretion of the trial court, and, absent an abuse of that...
Sam Mullman
Nov 22, 20223 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
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
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
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
Contribution and Indemnification Limited to Joint Tortfeasors by Court of Appeals
The Court of Appeals of Georgia held that a release and settlement agreement between two parties that contained a covenant not to sue...
Sam Mullman
Oct 29, 20215 min read
Court of Appeals Clarifies When A Foreign Corporation Is Deemed To Be Transacting Business
A foreign corporation is not deemed to be transacting business in Georgia under O.C.G.A. § 14-2-1501, and therefore is able to maintain a...
Sam Mullman
Oct 22, 20214 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
Court of Appeals of Georgia Offers Guidance on Motions for New Trial
The Court of Appeals of Georgia recently held that: (1) an order is not a final order, even it is so aptly titled, when a judge reserves...
Sam Mullman
Sep 9, 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
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
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
Inspection of LLC's Books Limited To Undisputed Members
The Limited Liability Company Act provides that A member may: (A) At...
Sam Mullman
Mar 5, 20212 min read
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