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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
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
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
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
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
Three Month Delay in Serving Complaint After Statute of Limitation Ran is Not Reasonable Diligence
The Court of Appeals of Georgia held that a three-month delay in serving a defendant after filing a complaint on the day the statute of...
Sam Mullman
Oct 1, 20212 min read
Supreme Court Allows Personal Jurisdiction Over Foreign Corporation Authorized To Do Business In GA.
The Supreme Court of Georgia stated that Allstate Insurance Co. v. Klein, 262 Ga. 599 (422 SE2d 863) (1992) does not violate the due...
Sam Mullman
Sep 23, 20215 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
No Reduction Of Damages Against A Single Defendant Based On Allocation Of Fault To A Nonparty
In a case of first impression, the Supreme Court of Georgia held that O.C.G.A. § 51-12-33 does not allow a reduction of damages against a...
Sam Mullman
Aug 26, 20214 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
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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