Nov 5, 2018

PRODUCT WARRANTIES IN THE AMAZON AGE

New products typically come with warranties. Those warranties also can include other provisions that affect the consumer’s legal rights such as disclaimers of warranties and arbitration clauses. These days, products often aren’t purchased at a store. Consumers purchase them with the click of a mouse, and they are delivered to the front door. How do… Read more


Oct 23, 2018

THE ELEVENTH CIRCUIT REJECTS GEORGIA’S COPYRIGHT FOR THE ANNOTATIONS TO THE OFFICIAL CODE OF GEORGIA

GA Supreme Court

A government cannot copyright a statute, but what about the annotations to the statute? In Code Revision Commission v. Public.Resource.Org, Inc., Case No. 17-11589 (decided Oct. 19, 2018), the United States Court of Appeals for the Eleventh Circuit held that the annotations to the Georgia Code were part of the Code and could not be… Read more


Oct 23, 2018

Who Decides Whether Class Arbitration Is Available? The Eleventh Circuit Weighs In

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In JPay, Inc. v. Kobel, Case No. 17-13611 (decided September 19, 2018), the United States Court of Appeals for the Eleventh Circuit addressed whether a court or an arbitrator must decide whether a matter could be arbitrated as a class action. The two claimants at issue had purchased services from JPay. As part of their… Read more


Jul 2, 2018

DATA BREACHES AND STANDING

Data Breach -Identity Theft

In Collins v. Athens Orthopedic Clinic, Case No. A18A0296 (decided June 27, 2018), the Georgia Court of Appeals addressed the issue of whether an individual whose personally-identifiable information (“PII”) was stolen from a business in a computer hack had standing to pursue damages claims against the business that was hacked. The plaintiffs in the Collins… Read more


Jun 18, 2018

Big Decisions Come as Georgia Supreme Court Nears the End of its Term

GA Supreme Court

The Georgia Supreme Court is reaching the end of its April Term. This means that cases submitted to the Court during the December Term that have not yet been decided will be decided in the next few weeks. On June 18, the Georgia Supreme Court issued a number of significant decisions. Colonial Oil Ind., Inc…. Read more


Jun 7, 2018

Is Inadequate Data Security an Unfair Trade Practice?

doctors office

In LabMD, Inc. v. Federal Trade Commission, Case No. 16-16270 (decided June 6, 2018) the United States Court of Appeals for the Eleventh Circuit addressed the enforcement of an FTC order finding that a business’s allegedly inadequate data security practices were unfair trade practices under Section 5(a) of the Federal Trade Commission Act. LabMD operated… Read more


Jun 5, 2018

Distracted Driving and Snapchat

In Maynard v. Snapchat, Inc., Case No. A18A0749 (decided June 5, 2018), the Georgia Court of Appeals addressed a tragic situation involving an automobile accident and the popular application Snapchat. The Maynards were injured in a traffic accident involving another automobile. According to an affidavit given by a passenger in that other vehicle, the driver… Read more


Mar 26, 2018

The Georgia Supreme Court Looks at Georgia’s New Evidence Code

Effective January 2013, the Georgia General Assembly enacted a new Evidence Code modeled after the Federal Rules of Evidence. Since then, Georgia courts have wrestled with how to interpret Georgia’s Evidence Code and what to do with the body of earlier case law addressing evidence issues. The Georgia Supreme Court recently confronted this issue in… Read more


Feb 21, 2018

Attempt to Add an Arbitration Clause to a Customer Agreement during Litigation is Ineffective

In Dasher v. RBC Bank (USA), Case No. 15-13871 (decided February 13, 2018), the United States Court of Appeals for the Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress…. Read more


Feb 5, 2018

THE GEORGIA SUPREME COURT WILL LOOK AT LITIGATION FUNDING

A previous post in this blog reported that the Georgia Court of Appeals decided in Cherokee Funding, LLC v. Ruth, Case No. A17A0132 (decided June 27, 2017), that a litigation funding agreement was not subject to the Georgia Industrial Loan Act or the Payday Lending Act. See The Georgia Court of Appeals Looks at Litigation Funding,… Read more