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By Scott L. Bonder and Joseph A. White In recent years, courts throughout the country (including, notably, the United States Supreme Court) have issued decisions tending to strengthen the rights of defendants to compel arbitration of all types of disputes.  What happens, however, when a contractual arbitration provision collides with a plaintiff’s statutory right to […]

By Joseph A. White and David S. Fried It drew a great deal of attention a few years ago when Georgia adopted its new “restrictive covenants” statute, Code Section 13-8-51.  Among other things, the new statute gives Georgia judges the ability to “blue pencil” (or rewrite) overly broad restrictive covenants and then enforce those agreements […]

By Joseph A. White, Fried & Bonder, LLC When is Amazon liable for selling a dangerous product to a consumer?  And what facts must a plaintiff allege to state a claim against Amazon that will survive a motion to dismiss? The United States District Court for the Northern District of Georgia recently addressed such questions […]

By Scott Bonder, Fried & Bonder, LLC. Res judicata is a legal doctrine that holds that a matter decided on its merits by a court of competent jurisdiction may not be relitigated between the same parties.  In Georgia, until recently, two lines of cases established slightly different standards for determining whether the doctrine of res […]