For many situations, government is immune from suit. There are a few exceptions such as state worker’s torts (causing harm) while on the job. Section 50-21-23 of the Official Code of Georgia Annotated (OCGA) Limited waiver of sovereign immunity: (a) The state waives its sovereign immunity for the torts of state officers and employees while acting within the scope of their official duties or [ MORE » ]

You might assume that if there is a problem that causes injuries that are widespread, it would be addressed and the problem solved. You’d think that it can cost more money to undergo lawsuits and simple thing like covering a water meter is less costly than repairing a person. It doesn’t always work out that way. When a local government and/or business is not [ MORE » ]

There are two types of sexual harassment; quid pro quo and hostile workplace. Quid pro quo harassment entails complying with a harasser to affect your employment situation. In this case, the harasser enjoys a position of influence. In this situation, on incident can form a case for sexual harassment. Receiving a benefit or a loss from the incident proves the abuse. The second; hostile [ MORE » ]

According to the CDC “Every day, 28 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 51 minutes. The annual cost of alcohol-related crashes totals more than $44 billion.” All 50 states in the US and Puerto Rico now apply two statutory offenses to driving under the influence of alcohol. Known as Driving [ MORE » ]

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 » ]

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 » ]

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 » ]

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 » ]

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 » ]

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 » ]