Archives of Firm News

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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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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Fried and Bonder Wins!

Fried & Bonder defeated a text spammer’s first attempt at dismissing a Telephone Consumer Protection Act class action. Even if you consent to receiving texts the sender MUST give you a method to opt-out.
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Kroger’s “Simple Truth” Branding Not So Simple, or Truthful

By David S. Fried Kroger is the largest supermarket operator in the US. After Kroger determined its consumers wanted the ability to choose more organic and humane foods, they introduced their “Simple Truth” premium-priced store brand of chicken. Kroger touts its “Simple Truth” chickens as “cage free” and raised in “a humane environment.” But Kroger […]
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Don’t be a Target: 5 Things You Can Do to Prevent Fraudulent Charges

Last week, Target announced that criminals may have stolen credit and debit card data (i.e., names, payment card numbers, expiration dates and security codes) from up to 40 million customers who shopped at its stores between November 27 and December 15, 2013. If you shopped at a Target store during that time period (we did), […]
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Conditional Response To Discovery Request May Result In Waiver Of Objections

By Joseph A. White It is common practice for litigators to respond to discovery requests by reciting a litany of objections, followed by a conditional response: “Subject to and without waiver of the foregoing objections, defendant will produce non-privileged, responsive documents….” This practice serves a legitimate purpose: allowing responding parties to substantively respond to discovery […]
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Georgia Supreme Court Clarifies Method for Calculating Attorney’s Fees under

This month, the Supreme Court of Georgia held that a party cannot rely solely on a lawyer’s contingency fee agreement to prove the amount of his attorneys’ fees under Georgia’s “offer of judgment” statute, O.C.G.A. § 9-11-68. Georgia Department of Corrections v. Couch, 2014 WL 2700961 (Ga. June 16, 2014). Code Section 9-11-68 is a […]
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By David S. Fried Texting & Driving…it can wait has launched a campaign to help people resist the urge to text while driving. A new survey by AT&T and Dr. David Greenfield, a professor and founder of the Center for Internet and Technology Addiction, found that drivers almost universally agree that texting while driving is […]
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Old Dogs Need New Tricks for Depositions

By Scott L. Bonder Most depositions are straightforward affairs with a lot of “objections to form” from the lawyer defending the deposition. Many, however, involve some number of objections used to remind witnesses to refrain from guessing, make sure they understand the question, and a host of other relatively benign, though technically improper, means of […]
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