News & Analysis as of

Georgia

Bradley Arant Boult Cummings LLP

Health Care Fraud and Abuse Laws: Georgia

A Q&A guide to health care-related fraud and abuse laws in Georgia. This Q&A addresses civil and criminal actions, consequences for violation, and Medicaid program integrity provisions. Originally Published by Thomson...more

Phelps Dunbar

GA Court of Appeals Pushes Back Against “Byzantine” Time Limited Demands Under O.C.G.A. § 9-11-67.1

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The Georgia Court of Appeals issued an important ruling for insurers and claims professionals, addressing the practice of using time-limited settlement demands under O.C.G.A. § 9-11-67.1. In Gomez et al. v. USAA Casualty...more

Alston & Bird

Georgia General Assembly Proposes Bills to Curb Sales Tax Exemptions Used by Data Centers

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Our State & Local Tax Group examines Georgia legislation that would eliminate a key incentive for the build-out of new data centers in the state....more

Miles Mediation & Arbitration

[Event] General Civil Mediation Training and Practicum - March 19th - 22nd, Atlanta, GA

Are you committed to becoming a successful, skilled mediator? Join us for our General Civil Mediation Training at Miles' Atlanta office! This in-person program, approved by the Georgia Office of Dispute Resolution (GODR),...more

Freeman Mathis & Gary

Georgia Court of Appeals holds only material terms required to form a settlement agreement are those within statute

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A recent opinion from the Georgia Court of Appeals enforced a settlement agreement under the 2024 version of O.C.G.A. § 9-11-67.1. The underlying facts of this case arise out of a motor vehicle accident involving Abriel...more

Spilman Thomas & Battle, PLLC

How Do Georgia’s Newest Construction Laws Affect Your Construction Projects for 2026?

2025 was a busy year for the Georgia Legislature and Governor, and several key laws were enacted that impact construction in Georgia that took effect July 1, 2025. As you will see, certain House and Senate bills overlapped on...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 1, 2026

Welcome- Welcome to our first issue of 2026 of The Site Report – our construction law insights e-newsletter. We hope you find it informative and helpful. If you have suggestions for content, format, or anything else,...more

Arnall Golden Gregory LLP

Georgia Continues Aggressive Mental Health Parity Enforcement, Fining Insurers Nearly $25 Million

Key Takeways - Georgia is intensifying mental health parity enforcement with substantial penalties. The Georgia Insurance Commissioner’s January 2026 orders impose nearly $25 million in fines, on top of more than $20 million...more

Nelson Mullins Riley & Scarborough LLP

Avoiding Unenforceable Penalties: Georgia’s Take on Liquidated Damages

Liquidated damages clauses are a common feature in contracts across industries, including construction, where they serve as a mechanism to predefine compensation for contractual breaches, including delayed completion....more

Miles Mediation & Arbitration

The Dangerous Misapplication Of O.C.G.A. § 33-24-41.1 Limited Liability Releases In Non-Motor Vehicle Accident Claims

Georgia personal injury practitioners are increasingly encountering settlement demands in non-motor vehicle tort cases that require the use of a “limited liability release” pursuant to O.C.G.A. § 33-24-41.1. This practice,...more

Husch Blackwell LLP

CMS Expands PPEO and EPR to Georgia and Ohio

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CMS has extended its Provisional Period of Enhanced Oversight (PPEO) and its Expanded Prepayment Review (EPR) enforcement efforts to Georgia and Ohio. The enhanced enforcement efforts can lead to the revocation of a hospice’s...more

Tyson & Mendes LLP

Recent Georgia Jury Verdicts

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Two recent eight-figure jury verdicts against business owners in Dekalb County should not be taken lightly or ignored. In both instances, the juries found the business owners, one a motel owner, and the other a salon/spa...more

Nelson Mullins Riley & Scarborough LLP

Georgia Construction Law: 2025 Legislative Year in Review

With 2026 approaching, it is a good time for contractors and construction industry professionals to take stock of recent changes in Georgia law. During the 2025 legislative session, the General Assembly enacted a series of...more

Freeman Mathis & Gary

Appellate Practice: The right-for-any-reason rule

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As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more

Freeman Mathis & Gary

Emerging issues in data breach litigation: Duty of care under Georgia law

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Beyond the familiar challenges of establishing standing and proving injury from a data breach, courts are increasingly grappling with threshold questions about the viability of plaintiffs’ legal theories. One recurring issue...more

Fisher Phillips

New 11th Circuit Decision Clarifies Independent Contractor Test: Your Five Step Compliance Plan

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Businesses operating in Alabama, Florida, and Georgia recently received much-needed clarity from the 11th Circuit Court of Appeals on how to determine whether their workers are independent contractors or employees – a...more

Brownstein Hyatt Farber Schreck

Election 2025: What to Watch From Other Notable Races

While marquee contests in Virginia, New Jersey, Pennsylvania, California and New York City dominated national political coverage during the 2025 off-year elections, several pivotal state-level races and ballot measures took...more

Freeman Mathis & Gary

Georgia Court of Appeals tacitly affirms homeowners associations’ ability to utilize covenants not to sue

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On September 10, 2025, the Court of Appeals of Georgia decided the case of Kinnaird v. Morningview Homeowners Association, Inc. In this case, Kinnaird (homeowner) applied to the Association’s Architectural Review Committee to...more

Wiley Rein LLP

Eleventh Circuit Splits Single Lawsuit into Multiple “Claims” When Applying Misappropriation Exclusion and Determining Duty to...

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The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more

Faegre Drinker Biddle & Reath LLP

Causation Conundrums: Implications of Georgia Supreme Court’s Interpretation of Statute of Repose in Long-Term Product Use Cases

When does the statute of repose clock start ticking on a product liability claim involving long-term repeat use of many individually purchased units of a product? According to the Georgia Supreme Court’s decision in Burroughs...more

Faegre Drinker Biddle & Reath LLP

No Defect, No Negligence: Lessons from Rudzinskas v. Retractable Technologies, Inc.

A recent summary judgment decision out of the Southern District of Georgia illustrates the critical role of defect evidence (or lack thereof) in negligence claims involving medical devices. As the plaintiff in Rudzinskas v....more

Miles Mediation & Arbitration

Read (or Craft) Your Release Carefully: How Release Language Can Prevent Access to Other Insurance

Picture this: a claimant has just been rear-ended by an underinsured driver. The at-fault driver’s insurance offers policy limits of $25,000, a fraction of the insured’s damages. The insured signs a release, deposits the...more

Phelps Dunbar

Georgia Court Rules that Groundwater is a Pollutant in CGL Policies

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The U.S. District Court for the Southern District of Georgia recently confirmed that stormwater is considered a pollutant for purposes of the standard pollution exclusion contained in a Commercial General Liability (CGL)...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Orrick, Herrington & Sutcliffe LLP

District court finds written dispute not needed for FDCPA claim

On August 12, a federal judge in a Georgia district court denied a debt collector’s motion to dismiss an FDCPA lawsuit, holding that the consumer was not required to submit a dispute in writing to allege a violation of...more

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