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The Atlanta Lawyer Litigation Update: April/May 2019

Posted By Jordan Coleman, Wednesday, May 22, 2019

The Litigation Section held its Annual Bench and Bar Reception on May 8, 2019, where The Honorable Gail S. Tusan was awarded the Logan E. Bleckley Award for Judicial Excellence.

 

 

From left to right: Judge Gail Tusan, Award Recipient; Rob Huestis, Litigation Section Chair

 

 

 

From left to right: Judge Janis Gordon, State Court of Dekalb County; Judge Alexandra Manning, Magistrate Court of Fulton County; Judge Stacey Hydrick, State Court of Dekalb County; Judge Jane Morrison, State Court of Fulton County

 

 

 

From left to right: Vickie Rusek, Smith Gambrell & Russell LLP; Judge T. Jackson Bedford, Superior Court of Fulton County; Patty Bedford, Lynn Roberson, Miles Mediation & Arbitration

 

Tags:  litigation section  litigation update 

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The Atlanta Lawyer Litigation Update: December/January 2019

Posted By Jordan Coleman, Wednesday, May 22, 2019

Litigation

By Robert S. Huestis, Esq.,
Blasingame, Burch, Garrard & Ashley, PC

 

The Litigation Section has enjoyed a tremendous first half of this 2018-2019 Bar year. The theme for our monthly Litigation Section Breakfasts is Litigation of Our Time – The Specialty Trial Series. Very special thanks go out to our Immediate Past Chair,Ed Konieczny, who developed last year’s theme concept, The Life of a Trial, and to our Board Member, Ty Brown, who was so instrumental in setting out this year’s topics We continue to receive positive feedback from our membership on our yearly thematic approach. Thanks, Ed and Ty!


We kicked off this year’s Specialty Trial Series with data-breach litigation, a truly burgeoning and dynamic area of the law. Throughout the remainder of 2018, our membership enjoyed breakfast presentations on: employment-related contract disputes and restrictive covenant litigation; the products liability trial; and, civil trials in Magistrate Court. Our Board Members, Ty Brown, Elizabeth Adler, Amy Cheng, John Hadden, and the Honorable Lillian Caudle, did an outstanding job moderating and speaking at these events. The Litigation Section has renewed our commitment to several pro bono organizations and has remained a proud supporter of the Atlanta Volunteer Lawyers Foundation and the Summer Law Internship Program, just to name a few. Our Section remains in good financial health and therefore able to help these very worthy organizations. Our Section truly values our sponsors. Thank you to Network One Consulting, Aprio, Applied Technical Services, and our newest member, Regency Brentano. It has been a pleasure to work and socialize with the fine people who represent our sponsors at
the Litigation Section events.


Here’s to 2019, which looks to be another great year for our Section! We have excellent speakers lined up for our monthly breakfasts on topics ranging from white collar crime litigation to trial ethics. We also look forward to more festive occasions, as well, such as the Section’s upcoming happy hour at the Hotel Claremont, and our annual Bench & Bar gala, which will once again be hosted by Nelson Mullins this May. We hope to see you at our next breakfast
and these events! Please mark your calendar for our half-day CLE on February 13, 2019 from 8:30 am to 12:00 pm at Morris Manning & Martin LLP. The Litigation Section is hosting a half-day interactive and participatory CLE program. During discussions, you’ll hear fascinating insights into ethical and professional issues that arise in specialized areas of litigation and dispute resolution. Please join us and pick up your needed CLE credits.

Tags:  litigation  litigation section  litigation update 

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Insurance Coverage for Damages Arising from Defective Construction

Posted By David R. Cook Jr., Autry, Cole, Hanrahan, Hall & Cook, LLP, Thursday, March 20, 2014
One of the first considerations of most attorneys is whether insurance coverage is available to remedy their client's loss or potential loss. Yet many attorneys are unaware that commercial general liability (CGL) insurance policies may provide coverage for property damage and personal injury arising from defective construction. And such coverage is not limited to losses incurred by property owners - it may be available for other contracting parties as well. 

Perhaps the reluctance to consider CGL coverage arises from older cases - especially federal court cases - that narrowly interpreted CGL policies' coverage for losses arising from defective construction. Older cases of Georgia state courts provided conflicting and confusing guidance about such coverage. More recently, however, the Supreme Courts of several states, including Georgia, have begun a concerted effort to clarify the law in this area. While these cases are clearly favorable for litigants seeking coverage, the courts continue to emphasize that the analysis requires a careful consideration of the language of CGL policies and applicable endorsements. 

Tags:  cgl  commercial  coverage  general  insurance  liability  policies 

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Simple Negligence and Economic Losses Don't Mix in Georgia

Posted By Stacey A. Carroll, Carroll Law Firm, LLC, Thursday, March 20, 2014
Every business litigator frequently confronts claims of economic losses, particularly lost profits. And every such claim is typically met with a standard arsenal of defenses: the profits alleged to have been lost are too speculative to be recovered, or the losses were caused by something other than the defendant's conduct. But there is one defense that, by its nature, can spell complete damnation for an economic loss recovery when it is premised on a claim of negligence-Georgia's economic loss rule. Although some form of the rule prevails in every state, Georgia courts have bestowed unusual austerity and breadth upon the doctrine, doing so in somewhat unpredictable fashion. This article briefly traces the evolution of the economic loss rule in Georgia, sets out the current state of the law, and concludes by addressing whether Georgia courts should reverse course and restrict the doctrine's application.

Tags:  economic  litigation  loss  negligence  profits 

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