News & Publications

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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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. […]
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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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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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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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#X

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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