Litigation Archives

Mar 9, 2020

Coronavirus: Can Georgia Government Officials Order An Individual Quarantined for Public Health Reasons?

At the end of February 2020, Georgia Governor Brian Kemp issued an executive order establishing a Coronavirus Task Force, comprised of subject-matter experts from the private and public sectors, to assess Georgia’s procedures for preventing, identifying, and addressing cases of the coronavirus (COVID-19). A few days later, in early March 2020, Governor Kemp confirmed that there were two confirmed cases of COVID-19 in Fulton County, Georgia. These cases involve two individuals who reside in the same household, one of which recently returned from Italy. In a press conference held on March 9, 2020, Governor Kemp stated there were six confirmed… Read more

Feb 17, 2020

Quick Answers to Four Top Questions When You Receive a Government Subpoena

In today’s increasingly regulated business environment, it is not uncommon to interact with a multitude of state and government agencies as you report and they confirm that certain aspects of your business are in compliance with regulations, statutes, and administrative orders. While these sorts of standard interactions may seem rote, another, more jarring interaction with government is when you or your employees receive a subpoena, Civil Investigative Demand (CID), or other request for testimony or production of documents. What is a subpoena or CID? A subpoena is a legally enforceable order made by a court at the request of a… Read more

Feb 5, 2020

When in Doubt Write it Out: Modifying, Cancelling, Revoking or Rescinding a Contract Subject to the Statute of Frauds

When entering into a contract, parties always have to ask themselves whether the contract must be written down and signed. Under the Georgia Statute of Frauds, contracts for (1) marriage; (2) sale of real property; (3) guaranteeing another’s debts; (4) terms of longer than one-year; (5) sale of goods for more than $500; (6) executor or other estate representative, promising to pay damages out of his/her own estate; (7) reviving a debt after the passage of the statute of limitations; and (8) commitment to lend money, must be in a writing and signed by the party to be charged therewith…. Read more

Jan 16, 2020

Okay, Google: Did You Violate U.S. Antitrust Laws?

Google[1] rang in the New Year with a fresh lawsuit, filed against it on November 25, 2019, looming in the United States District Court for the Northern District of Georgia by Inform, Inc. (“Inform”), an online advertising company.[2] Nothing says “Merry, Merry” and “Happy New Year” like a fresh batch of anticompetitive claims against the search engine we all resorted to for our obligatory “what to give Dad” and “30-day cleanse” searches. The suit alleges that “[t]o maximize [Google’s] advertising profits, to protect their valuable monopolies against potential competitive threats, and to extend Defendants’ [monopolies] globally and across digital devices,… Read more

Jan 7, 2020

Plaintiffs Beware: You May Have Less Time Than You Think to Bring a FDCPA Claim

In a recent 8-1 decision, the United States Supreme Court resolved a circuit split in favor of debt collectors. Rotkiske v. Klemm[1] (Rotkiske III). Mr. Rotkiske brought suit on June 29, 2015 against Klemm & Associates (Klemm) for violation of the Fair Debt Collection Practices Act (FDCPA). Id. at *2. In September 2014, Mr. Rotkiske applied for a mortgage and learned that Klemm had an outstanding $1,500 default judgment against him. Id. In 2008, Klemm attempted service at Mr. Rotkiske’s previous address and learned that Mr. Rotkiske no longer lived there. Id. Klemm dropped the suit for failure to serve… Read more

Dec 18, 2019

Landlords Beware: The Georgia Supreme Court Rules on Contractual Limitations Periods in Lease Agreements

Drafters and landlords beware when drafting a contractual limitations period for legal actions in a lease that attempts to limit when both contract and tort actions can be brought by a tenant. The Georgia Supreme Court in Langley v. MP Spring Lake, LLC, No. S18G1326, 2019 WL 5301853 (Ga. Oct. 21, 2019), considered whether a provision in a lease agreement requiring “any legal action” to be brought within a year included premises liability actions and whether such a clause would be enforceable if it did. Without deciding the issue of enforceability, the Supreme Court held that the limitations provision as… Read more

Dec 10, 2019

What to Expect from Georgia’s New State-wide Business Court

On July 15, Governor Brian Kemp appointed Judge Walter W. Davis, an experienced commercial litigator, to serve as the first state-wide business court judge. Less than a month later, he was unanimously confirmed to serve as the first business court judge by the Georgia Senate and House of Representatives. This was one of the last major steps in making the Georgia State-wide Business Court a reality. The business court was approved by Georgia voters in the November 2018 election and codified with bipartisan support in the 2019 legislative session. O.C.G.A. § 15-5A-1 et seq. Although opponents voiced concerns over the… Read more

Jun 12, 2019

Roger Maldonado Interviewed on Diversity Initiatives for Law Students

Q&A: NYC Bar president on an initiative to reach diverse lawyers-to-be in childhood By: Daniel Wiessner (Reuters) – The New York City Bar Association is launching a far-reaching initiative to diversify the legal profession by creating a talent pipeline that begins as early as elementary school, after finding in a recent report that minorities remain underrepresented at law firms. Roger Juan Maldonado, the group’s president, said in a recent interview with Reuters that years-long diversity efforts by firms, bar associations, and the court system have been disjointed and produced mixed results. The city bar initiative, announced last month, is designed… Read more

May 2, 2019

But Only God Can Make a Tree (Joyce Kilmer, 1914)

Ironically, despite their divine origin, disputes between neighbors over trees often arise and, as a recent case illustrates, become the subject of hard-fought litigation. Shafi Ahmed and Nusrat Ahmed filed a Small Claims proceeding against their Middletown, New York neighbor,. Allen H. Zoghby. Both Parties appeared without attorneys. The Ahmeds alleged that roots from a tree, purportedly on the property next door owned by Zoghby (73 Beattie Avenue), damaged the pavement and driveway located at the front of the house on their property (75 Beattie Avenue). The Ahmeds also alleged that the tree’s roots were slowly moving under the foundation of… Read more

Apr 15, 2019

“Baseball is a game of inches.” And often so is construction.

Land Surveyor: Property Line Encroachment

A recent case illustrates the point: A Romanian Orthodox Christian Church in Elmhurst, Queens is adjacent to a construction site. Defendants were building a substantial residential apartment building next door. For construction to proceed, a retaining wall was built very close to the Church property line. The Church hired a professional surveyor who found that the steel piles encroached on the north end of the Church’s western property line by 2.5 inches and at the south end of its western property line by 3.25 inches. The survey also showed that the wood lagging encroached on the Church’s property at the north end of… Read more