May 21, 2019

Georgia Supreme Court Looking at Data Breach Liability

Personal Data Breach

Data breaches and the unintentional disclosure of personal information are much in the news. Whether such events give rise to tort liability is an issue being looked at by the Georgia Supreme Court. Georgia Department of Labor v. McConnell, Case Nos. S18G1316 and S18G1317 (decided May 20, 2019), involved an unintentional disclosure by the Georgia… Read more


May 2, 2019

Another Tool to Fight Frivolous Litigation

Tool to Remedy Frivolous Litigation

In Showan v. Pressdee, Case No. 17-15547 (decided April 29, 2019), the United States Court of Appeals for the Eleventh Circuit held that litigants in federal court cases governed by Georgia law could invoke a Georgia statute that provides a remedy for frivolous litigation. O.C.G.A. § 9-11-68 includes provisions creating a procedure for a party to… Read more


Feb 7, 2019

Is a Foreign Country a More Convenient Forum for Litigation?

Ziplining case: foreign forum for litigation?

O.C.G.A. § 9-10-31.1 allows a court to dismiss a lawsuit filed in Georgia, “for the convenience of the parties and witnesses” when that claim “would be more properly heard in a forum outside of” Georgia. Can a Georgia case be dismissed in favor of a forum of a foreign country? In La Fontaine v. Signature Research,… Read more


Nov 5, 2018

Product Warranties in the Amazon Age

Product Warranties: Amazon boxes ready to ship

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

Eleventh Circuit Rejects Georgia’s Copyright for the Annotations to the Official Code of Georgia

Georgia Supreme Court: Georgia Code

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 Action Arbitration Is Available? The Eleventh Circuit Weighs In

California Grange Summary Judgement

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 Breaches -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

Georgia Supreme Court: Georgia Code

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?

Doctor's Office: Inadequate Data Security?

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

Distracted Driving: woman on cell phone

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 caused by distracted driving 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… Read more