Archives of Articles

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 […]
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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. […]
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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 […]
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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 […]
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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 […]
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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 […]
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Hands Free Georgia Act – Tackling Distracted Drivers

By David S. Fried, Fried & Bonder, LLC. In 2016 Fried & Bonder wrote about AT&T’s program “It Can Wait,” aimed at ending texting and driving.  Cell phones and texting affect the brain in ways similar to gambling or drugs. According to now generally accepted wisdom, we compulsively check our phones because every time we […]
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