FB, Author at Fried & Bonder

NEW GEORIGA LAWS EFFECTIVE IN 2019

By David S. Fried Every year, new bills signed into law the previous year go into effect. Here in Georgia, this year is no different with more than 100 new Georgia laws now taking effect. Here are a few of interest that you may have missed: HR 279 – Single Parent Day. Parents must invest […]

1 month ago

Recent Appellate Court Opinion Clarifies Meaning of “Bad Faith” Under Georgia Code Section 13-6-11

By Matt Kahn Fried & Bonder recently obtained a favorable appellate court ruling that may be helpful to injury victims litigating the issue of “bad faith” attorney’s fees in Georgia courts. See Nash v. Reed, Case No. A18A1707, 2019 WL 1123530 (Ga. Ct. App. Mar. 12, 2019). The Nash case involved a collision between a […]

1 month ago

Georgia’s Apportionment Statute Applies to Purely Monetary Loss, But Does Not Abrogate Joint and Several Liability for Tortfeasors Acting in Concert

By Scott L. Bonder On March 13, 2019, the Georgia Supreme Court issued a significant decision that clarified two aspects of Georgia’s Apportionment Statute, § 51-12-33. First, the Court held that the Statute applies to purely monetary, or “pecuniary,” losses. Federal Deposit Insurance Corp. v. Loudermilk, __ S.E.2d __, 2019 WL 1303652 at *6 (Ga. […]

1 month ago

The Duty of Landowners to Prevent Criminal Attacks

by Matt Kahn Two recent appellate court decisions highlight the hurdles plaintiffs must overcome when seeking to hold a landowner responsible for a criminal attack. As a threshold matter, a plaintiff must prove the landowner owed him or her a duty to prevent the attack. Even if such a duty is shown to exist, a […]

2 months ago

The Intersection Between Arbitration Agreements and Statutory Rights

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 […]

7 months ago

The Limits of Blue-Penciling: Georgia Court Strikes Non-Compete That Lacks Geographic Restriction

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 […]

8 months ago

Amazon’s Liability for Distributing Dangerous Products: A Georgia Court Weighs In

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 […]

8 months ago

Georgia Supreme Court Clarifies, Finally, Res Judicata

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 […]

8 months ago

HANDS-FREE GEORGIA ISN’T THE ONLY NEW LAW TO HIT THE BOOKS

By David S. Fried, Fried & Bonder, LLC. New laws effective July 1, 2018 may impact your decision to purchase a new car, change your neighborhood firefighters’ benefits, help out concert promotors in Georgia, and allow your dental hygienist to provide basic dental care without a dentist present. So read on… Buying or Leasing a […]

11 months ago

Recovering for Injuries Caused by the Government

We’ve all been driving or riding on the streets of Atlanta, when all of a sudden—BADONK!—you drive through an enormous pothole. Maybe you got a flat tire, or your alignment was knocked out of place. Maybe you got lucky and escaped without any property damage at all. While driving into an unseen pothole is never […]

12 months ago