News & Publications

A Whirlwind Month for Sexual Orientation Discrimination Claims

Since Congress enacted Title VII in 1964, federal courts have almost uniformly declined to recognize a statutory claim based on sexual orientation discrimination.  The prevailing opinion has been that sex discrimination is different than sexual orientation discrimination and—while Title VII is clearly meant to prohibit the former—there is no indication that Congress also meant to […]
Read More

Must The Jury Apportion? Appellate Court Says No…Sort Of…For Now

Georgia’s apportionment statute requires a jury, upon a party’s request, to apportion fault among all the bad actors responsible for an injury, whether or not those bad actors are actually parties to the case. O.C.G.A. § 51-12-33(b)&(c). So what happens when the jury declines to apportion any fault to an admitted bad actor, despite overwhelming […]
Read More

EEOC: Employers Must Individually Assess Prospective Employees’ Disability Status

Cessna recently paid six figures to settle a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission (EEOC) alleging that Cessna maintained a company-wide, illegal hiring practice. The practice in question: Cessna disqualified from consideration prospective employees who had a history of temporary disability or workers’ compensation restrictions.  In the case at issue, a […]
Read More

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 […]
Read More

In Workplace Injury Cases, Workers’ Comp’s “Exclusive Remedy” Provision Does Not Preclude Apportionment of Fault to Employer

The Supreme Court of Georgia recently held that, in cases involving workplace injuries, a defendant may seek to apportion fault to the plaintiff’s employer, even though Georgia’s Workers’ Compensation Act immunizes employers from tort liability. Walker v. Tensor Machinery, Ltd., Walker v. Tensor Machinery, Ltd.__ S.E.2d __, 2015 WL 7135149 (2015). Georgia’s apportionment statute, O.C.G.A. […]
Read More

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, […]
Read More

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 […]
Read More