Far Out: No Judicial Notice of Archived Websites from the Wayback Machine
In the world of business litigation, some judicial decisions are groundbreaking. Others are not, but still kind of amusing. The Fifth...
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FBW
Feb 19, 20202 min read
Appellate Court Ruling Shows Durability of Georgia’s “Impact Rule”
The Georgia Court of Appeals recently affirmed summary judgment for a hospital on a bereaved mother’s claim of negligent infliction of...
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FBW
May 9, 20193 min read
Georgia’s Apportionment Statute Applies to Purely Monetary Loss,
But Does Not Abrogate Joint and Several Liability for Tortfeasors Acting in Concert. By Scott L. Bonder On March 13, 2019, the Georgia...
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FBW
Nov 7, 20182 min read
The Intersection Between Arbitration Agreements and Statutory Rights
By Joseph A. White and David S. Fried In recent years, courts throughout the country (including, notably, the United States Supreme...
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FBW
Oct 31, 20183 min read
The Limits of Blue-Penciling: Georgia Court Strikes Non-Compete That Lacks Geographic Restriction
By Joseph A. White and David S. Fried It drew a great deal of attention a few years ago when Georgia adopted its new “restrictive...
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FBW
Oct 22, 20182 min read
Amazon’s Liability for Distributing Dangerous Products: A Georgia Court Weighs In
By Joseph A. White, Fried & Bonder, LLC When is Amazon liable for selling a dangerous product to a consumer? And what facts must a...
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FBW
Oct 9, 20183 min read
Georgia Supreme Court Clarifies, Finally, Res Judicata
By Scott Bonder Res judicata is a legal doctrine that holds that a matter decided on its merits by a court of competent jurisdiction may...
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FBW
Mar 2, 20161 min read
Documents Acquired by Merger Are “Business Records” of Acquirer, Appellate Court Holds
The Georgia Court of Appeals recently held that the “business records” exception to the hearsay rule applies to documents acquired by...
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FBW
Jan 7, 20162 min read
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),...
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FBW
Jan 7, 20162 min read
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...
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FBW
Jan 7, 20163 min read
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...
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FBW
Jan 4, 20162 min read
Georgia Courts: A Corporate Guaranty Is A Corporate Guaranty
By Scott L. Bonder Score one for the little guy. In Citrus Tower Boulevard Imaging Center v. David S. Owens MD PC, the Georgia Court of...
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FBW
Jan 4, 20162 min read
Motion to Cancel LisPendens Should Be Accompanied By Motion to Dismiss
By Scott L. Bonder Generally speaking, a lispendens is notice to the world that a property is involved in a civil suit. The property at...
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FBW
Jan 4, 20163 min read
Online Travel Companies Score Victory In Tax Fight With Georgia Cities And Counties
By Scott L. Bonder On December 13, 2013, the Eleventh Circuit awarded a significant victory to online travel companies (OTC’s) in their...
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FBW
Jan 4, 20162 min read
Plausibility Impacts Damages Calculations in the Eleventh Circuit
By Scott L. Bonder The Eleventh Circuit recently affirmed the dismissal of a putative class action because the complaint failed to...
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FBW
Jan 4, 20162 min read
Trip Advisor’s “Dirtiest Hotels” List Constitutes Non-Actionable, Protected Opinion
For business owners, online reviews are now a fact of life. And a recent Sixth Circuit decision demonstrates the difficulty of attempting...
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FBW
Jan 4, 20162 min read
Unmasking Anonymous Internet Posters
By David S. Fried Last month, my law partner, Joe White, asked whether a Virginia Court “got it wrong” when it ruled in favor of...
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FBW
Jan 4, 20162 min read
Why Experts Are Critical In Premises Liability Cases
By Scott L. Bonder Why is expert testimony critical in premises liability cases? Because, as a recent Georgia appellate court decision...
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FBW
Jan 4, 20164 min read
Yelp Reviewers Unmasked: Did Virginia Court Get It Wrong?
By Joseph A. White By now, you may have seen a headline or read an article about a Virginia appellate court’s recent decision to “unmask”...
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FBW
Jan 4, 20163 min read
As Congress Weighs Data Security Legislation, Retailers Weigh In
Following well-publicized and costly data breaches at big box retailers Target and Neiman Marcus, Congress has begun debating possible...
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