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10 Reasons Why You Need A Will

If you dont decide how you want your estate to be distributed upon your death, the State of Georgia will decide for you. Having a Will is less expensive as you can avoid bonding fees, taxes, and do away with tasks (such as the filing of inventory) that the state will require. Having a Will allows you to choose who will distribute your estate [ MORE » ]

Applying The Fair Labor Standards Act To Your Business

Each employer, and those that are seeking to start a business and hire employees, must understand the federal laws and regulations that apply to them, including the Fair Labor Standards Act (FLSA), 29 USCS 202, et. seq., which establishes the federal standards for minimum wages, overtime pay, and record keeping. Pursuant to 29 USCS 206(a)(1)(C), effective July 24, 2009, the current minimum wage is [ MORE » ]
Applying The Fair Labor Standards Act To Your Business
Posted in Employment, Corportate and Business Transactions

Liability Of Cities For Injuries On Streets And Sidewalks

As a general rule, it is very difficult, though not impossible, to sue the government. This difficulty arises from the doctrine of sovereign immunity, which prevents suits against governmental entities, unless an exception is specifically provided. One of those exceptions relates to the obligation of a city to properly maintain its streets and sidewalks, and allows for the recovery of damages by those injured [ MORE » ]
Liability Of Cities For Injuries On Streets And Sidewalks
Posted in Personal Injury, Civil Litigation

McGahren Law Firm Obtains Full Defense Verdict In Wrongful Eviction Trespass Conversion And Negligent Misrepresentation Matter In Gwinnett County Superior Court

On November 18, 2015, after a three day jury trial in Gwinnett Superior Court, attorneys Christopher J. York and Daniel H. Park of McGahren, Gaskill & York obtained a full defense verdict on behalf of their clients in the Superior Court of Gwinnett County. This matter concerned a foreclosure sale of the Plaintiff’s home, which was sold at the foreclosure sale of August 5, [ MORE » ]
McGahren Law Firm Obtains Full Defense Verdict In Wrongful Eviction Trespass Conversion And Negligent Misrepresentation Matter In Gwinnett County Superior Court
Posted in Representative Cases, Real Estate, News, Civil Litigation

Recovery Of Emotional Distress Damages For Negligent Acts

The following is quoted from Presiding Judge Doyles opinion in Oliver v. McDade, 328 Ga.App. 368 (2014): John McDade was riding as a passenger in his own truck, which was being driven by his close friend Matthew Wood on I-16 in Dublin, Georgia. McDade, Wood, and others were returning home late at night from a dirt car race in which Wood had competed, and [ MORE » ]
Recovery Of Emotional Distress Damages For Negligent Acts
Posted in Personal Injury, Civil Litigation, Appeals

Does Title Vii Apply To Your Business Considering The Numerosity Threshold For Title Vii Of The Civil Rights Act Of 1964

The number of employees your business has determines whether Title VII of the Civil Rights Act of 1964 applies to your business. This is because of the numerosity threshold that determines the applicability of Title VII to an employer. An employer with fewer employees than the numerosity threshold is not subject to Title VII. Title VII prohibits employers from discriminating against any individual with [ MORE » ]
Does Title Vii Apply To Your Business Considering The Numerosity Threshold For Title Vii Of The Civil Rights Act Of 1964
Posted in Employment, Civil Litigation

Georgias Appellate Court Expansion

Beginning on January 1, 2016, Georgias appellate courts will be entering a significant transition phase. Often described as one of the busiest intermediate appellate courts in the nation, statistics from 2014 show that the Court disposed of over 2,400 direct appeals in that year, representing over 200 cases per judge, and that does not include approximately 800 additional applications and motions that the Court [ MORE » ]
Georgias Appellate Court Expansion
Posted in Civil Litigation, Appeals

Georgias Garnishment Law Declared Unconstitutional

On September 8, 2015, U.S. District Judge Marvin H. Shoob held that Georgias post-judgment garnishment statute, O.C.G.A. 18-4-60, et seq., is unconstitutional in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015)(granting summary judgment for plaintiff). This ruling has impacted several counties throughout the State of Georgia, and has left creditors on uncertain ground. The plaintiff, Tony Strickland, filed suit against Gwinnett County [ MORE » ]
Georgias Garnishment Law Declared Unconstitutional
Posted in Corportate and Business Transactions, Civil Litigation

Time Limits For Enforcing Restrictive Covenants Recent Developments

For any homeowners association charged with enforcing restrictive covenants, it is worth keeping a close eye on the development of Georgia law in this area, particularly with respect to the statute of limitation. As the recent case of S-D RIRA, LLC v. Outback Prop. Owners Assn, 330 Ga.App. 442 (2014), demonstrates, although, for now, the law remains relatively favorable to those seeking to enforce [ MORE » ]
Time Limits For Enforcing Restrictive Covenants Recent Developments
Posted in Real Estate, Homeowner's and Condominium Association Law, Civil Litigation, Appeals

The Appellate Review Spring 2015

Please click here to check out the Spring 2015 issue of The Appellate Review, the newsletter of the Appellate Practice Section of the State Bar of Georgia, for an article authored by Eric J. Marlett, Senior Associate with McGahren, Gaskill & York, LLC. This issue of the newsletter focuses on a Survey of Recent Appellate Court Decisions, and Mr. Marletts article, in particular, discusses [ MORE » ]
The Appellate Review Spring 2015
Posted in News, Appeals

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