Georgia Court of Appeals issues important restatement of law on settlement
On September 5, 2013, in the case of Wooden v. Synovus Bank, A13A0876, the Georgia Court of Appeals issued an important restatement of the law on guaranties in Georgia. Writing for the Court, Judge...
11th Circuit Court of Appeals clarifies Georgia foreclosure notice requirements
The 11th Circuit Court of Appeals, in Carr v. U.S. Bank, N.A., 2013 U. S. App. LEXIS 16997 (August 16, 2013) clarified the status of Georgia foreclosure notices in light of the recent Georgia...
The Servicemembers Civil Relief Act: What it means for creditors' rights
The Servicemembers Civil Relief Act (“SCRA”) was enacted in 2003 as a modern update to the Soldiers’ and Sailors’ Civil Relief Act of 1940. Congress’s purpose behind enacting the SCRA was to “strengthen and expedite...
Companies breathe a sigh of relief following delay of Affordable Care Act
Tuesday, July 2, the Treasury Department announced that it will postpone implementing a key provision of the Affordable Care Act requiring large employers with 50 or more full-time employees to offer them health insurance...
Welcome to the linguistic neighborhood: Defalcation after Bullock v. Bankchampaign, N.A.
In a unanimous decision released on May 13, 2013, in Bullock v. Bankchampaign, 569 U.S. ___ (2013), the United States Supreme Court answered the question as to the legal definition of “defalcation” in the...
Georgia Supreme Court vacates Reese v. Provident Funding Associates, LLP
The Georgia Supreme Court on Monday, May 20th, vacated the controversial and troublesome decision of the Georgia Court of Appeals in Reese v. Provident Funding Associates, LLP. In Reese, the Court of Appeals had...
No contract? If not, do the "Economic Loss Rule" or CGL Exclusions bar recovery
Damage caused by negligent or defective “Work” is often discovered long after a construction project is completed. You, the claimant, have no contract with the company causing the damage. The question as to whether...
How effective are forum selection clauses in design or construction contracts?
Construction and commercial contracts frequently include provisions that require any disputes under the contract to be litigated in a specifically named forum. Subject to certain state and federal statutory restrictions, courts have generally enforced...