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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 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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Appellate Court Ruling Shows Durability of Georgia’s “Impact Rule”

The Georgia Court of Appeals recently affirmed summary judgment for a hospital on a bereaved mother’s claim of negligent infliction of emotional distress claim, despite the hospital delivering the remains of the wrong child to the bereaved mother. Coon v. The Medical Center, Inc., 780 S.E.2d 118, 121 (Ga. Ct. App. 2015), reconsideration denied (Dec. […]
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Successor Liability and Fraudulent Transfer: A Two Sided Sword for Plaintiffs in Business Disputes

Fried & Bonder recently found itself in what is becoming a familiar situation: our opposing defendant corporation dissolved, filed for bankruptcy and reappeared under a new name. The bankruptcy action protected the dissolved entity from further litigation – though the “new” corporation continued business as usual. Ordinarily, a successor entity does not assume the liabilities […]
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Requesting Dissolution of LLC Does Not Terminate Membership

Does seeking dissolution of a limited liability company (LLC) terminate a member’s ownership interest? And what does that have to with belly-dancing? Read on. The Georgia LLC Act provides that a person ceases to be a member of an LLC he/she “files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, […]
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Supreme Court: Settlement Offer Does Not Moot Class Action

In the first of three class-action cases this term, the U.S. Supreme Court held, in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016), that a defendant cannot moot a class action by offering complete relief to the named plaintiff. Gomez arose under The Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227. The TCPA […]
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