News & Analysis as of

GA Supreme Court

Should an Estate or Trust Operate a Decedent’s Family-Owned Business?

by Murtha Cullina on

When a business owner dies, his or her ownership interests often become part of a probate estate or are transferred to one or more trusts in order to continue the operations of the business. But sometimes the decedent’s...more

Georgia Supreme Court Clarifies Insurance Company Is Not ‘Financial Institution’ In Garnishment Law

by Jackson Lewis P.C. on

An insurance company named as a garnishee in a garnishment action is not a “financial institution” under Georgia’s garnishment statute when the garnishment is seeking earnings owed to its current or former employees....more

When Military Wills Do Not Contemplate Future-Born Children

by Bryan Cave on

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

Textualism Is the Law of the Land in Georgia: What to Do About It?

As we see it, the most important trend coming from the Georgia Supreme Court in 2017 is the court’s adoption of textualism as the guiding principle of statutory interpretation in Georgia. Because of the growing impact of...more

Supreme Court of Georgia Upholds Constitutionality of Certificate of Need Statute

by Miller & Martin PLLC on

The Supreme Court of Georgia has rejected an outpatient surgery center’s constitutional challenge to the state’s Certificate of Need (“CON”) statute, Women’s Surgical Center, LLC, v. Berry. The applicable code section,...more

Georgia’s Certificate of Need Law Lives to See Another Day

by Arnall Golden Gregory LLP on

Despite an attack that went up to the Georgia Supreme Court, it appears that the State’s Certificate of Need (CON) law will live to see another day. On October 16, 2017, the Georgia Supreme Court issued an opinion written by...more

GA Supreme Court: Condemnees Must Be Given Appraisal Summary Before Condemnation

by Fox Rothschild LLP on

The Georgia Supreme Court has ruled that the city of Marietta violated the Georgia Landowner’s Bill of Rights when it condemned a grocery store without providing a summary of its appraisal to the property owner. The City...more

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

Burr Alert: This Old Waiver? I’ve Had it for Years

by Burr & Forman on

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more

GA Supreme Court Considering Landowner’s Bill Of Rights Case

by Fox Rothschild LLP on

The Georgia Supreme Court is considering an important case involving the state’s 2006 Landowner’s Bill of Rights statute. At issue is whether certain provisions of that statute are mandatory or merely advisory....more

Transferring Property To A Trust: It’s Not What You Meant, It’s What You Said

by Bryan Cave on

When we put pen to paper, sometimes the words don’t come out right. If that happens, hopefully there’s an opportunity to explain what we meant. For example, we have seen how scrivenor’s errors can be explained. But, for the...more

Guardians Should Guard Against Claims Of Undue Influence

by Bryan Cave on

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

Georgia Supreme Court Clarifies Pre-Suit Offer Requirements

by Cozen O'Connor on

On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s Pre-Suit Offer statute concluding that O.C.G.A. § 9-11-67.1, the statute dealing with the formation of settlement...more

Georgia Supreme Court Weighs in On Guarantor Liability for Deficiencies

by Bryan Cave on

On April 17, 2017, the Supreme Court of Georgia made yet another critical decision in a line of cases which together, create the framework for a guarantor’s liability for a deficiency after a foreclosure has been conducted....more

If At First You Don’t Succeed - Georgia Supreme Court Upholds Waiver of Confirmation After Prior Confirmation Action Denied

On April 17, 2017, the Supreme Court of Georgia found that defendant guarantors had waived the statutory protections under the Georgia foreclosure confirmation statute, and the lender could pursue a deficiency judgment...more

Georgia House Bill 192 – Codifying and Clarifying the Business Judgment Rule in Georgia

by King & Spalding on

Georgia Legislature Acts to Nullify Georgia Supreme Court’s Decision in FDIC v. Loudermilk - After passing both the Georgia House of Representatives and the Georgia Senate, House Bill 192 is awaiting the signature of the...more

Analysis of FDIC v. Loudermilk Decision

by Bryan Cave on

The FDIC’s lawsuit against former directors and officers of the failed Buckhead Community Bank, one of the most closely watched Georgia corporate governance cases in years, went to trial in October, 2016. The jury returned a...more

Georgia Diminished Value Putative Class Action: Motion to Dismiss Decision

In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example)....more

Burr Alert: “Alakazam”(or not): No Magic Language Necessary for Confirmation Waivers as Georgia Courts Continue to Allow...

by Burr & Forman on

In last March’s edition of this newsletter, we discussed the Supreme Court of Georgia’s decision in PNC Bank, National Association v. Smith, in which the Court held that compliance with O.C.G.A. § 44-14-161 “is a condition...more

Don’t Get Burned by a “Holt Demand” in Georgia

by Cozen O'Connor on

Georgia has a very specific law called “Holt demands” concerning time-limited demands made against a liability insurance policy. In Southern General Ins. Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992), the Georgia Supreme...more

Giving Away What You Don’t Know You Have

by Bryan Cave on

Under Georgia law, the standard for testamentary capacity requires that a testator remember generally what property is subject to the will’s disposition. You don’t have to know every dollar, where it is, or all your personal...more

Supreme Court of Georgia Affirms Trial Court’s Grant of Judgment Notwithstanding the Verdict in Defamation Case

by Akin Gump - Excubitor on

On July 8, 2016, the Supreme Court of Georgia affirmed the judgment of a trial court in a case involving Stanley Cottrell, Jr., who according to the court “engaged in a number of solo running exhibitions with a Christian...more

Hospital Liability for Life-Saving Efforts?

by Faegre Baker Daniels on

Hospitals are in the business of saving lives. So they don’t usually face liability for trying to do just that. But a July 5 Georgia Supreme Court decision is a reminder that it’s up to the patient—not the hospital or...more

AGG Litigation Insights Newsletter - Spring 2016

Potential plaintiffs and freshly sued defendants often discount the importance of damages analysis when it comes to litigation planning and execution. After all, disputes over liability receive far more attention during...more

In Georgia, Public Policy Limits Freedom of Contract, but Just How Much Is Not Entirely Clear

By statute, the Georgia legislature has established that “[a] contract which is against the policy of the law cannot be enforced.” However, this statutory proscription has to be balanced against Georgia’s strong public policy...more

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