Law Commons^™

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on a few noteworthy construction law decisions by Georgia appellate courts between June 1, 2010 and May 31, 2011.'

Dancing With The Big Boys: Georgia Adopts (Most Of) The Federal Rules Of Evidence, David N. Dreyer, F. Beau Howard, Amy M. Leitch

Mercer Law Review

Georgia has become the forty-fourth state to model its new evidence rules on the Federal Rules of Evidence. The new code will go into effect on January 1, 2013, 150 years from when Georgia's first legal code was published. Passage of the 2013 Georgia Evidence Code did not come easy, but was a product of years of debate, compromise, and vetting from legislators, the judiciary, academia, and members and groups of the practicing bar. The new code is largely derived from the Federal Rules of Evidence, but Georgia has retained a significant amount of evidence rules from its prior code …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

The difficult economic times and resulting budget cuts to many state agencies were evident in the reduced number of high-level administrative law cases brought before the courts during this survey period. It seems in tough times such litigation is often not pursued to the degree it is in a more comfortable economic climate. As the economy begins to recover, we will likely see an increase in the number and complexity of administrative law cases brought before the appellate courts.

This Article is a survey of cases from the Georgia Supreme Court and Georgia Court of Appeals from June 1, 2010 …

Appellate Practice And Procedure, Roland F.L. Hall, David R. Cook Jr.

Mercer Law Review

This Article surveys decisions addressing appellate law and procedure handed down by the Georgia Supreme Court and the Georgia Court of Appeals between June 1, 2010 and May 31, 2011. The cases discussed fall into the following categories: (1) appellate jurisdiction; (2) preserving the record; and (3) miscellaneous cases of interest.

Business Associations, Paul A. Quirós, Lynn S. Scott, Jane E. Ledlie

Mercer Law Review

This Article surveys noteworthy cases in the area of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2010 and May 31, 2011, by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States District Courts located in Georgia. In addition, this Article provides an overview of important enactments during the 2011 session of the Georgia General Assembly to the Official Code of Georgia Annotated (O.C.G.A.) with respect to banking, finance, contracts, corporation, partnership, and business associations statutes

Criminal Law, Franklin J. Hogue, Laura D. Hogue

Mercer Law Review

We have culled through the most important criminal cases of this reporting period' and selected those that resulted in changes to criminal case law that will likely have an effect upon the way prosecutors and defense attorneys approach criminal cases in Georgia.

Domestic Relations, Barry B. Mcgough, Elinor H. Hitt

Mercer Law Review

This survey period' saw continued evolution of domestic relations law.2 Legislation passed during the 2010 and 2011 Regular Session of the Georgia General Assembly took effect during this survey period, and the Georgia Supreme Court continued to accept nonfrivolous appeals in divorce cases, which provide guidance to those interested in domestic relations law.

Evidence, John E. Hall Jr., W. Scott Henwood

Mercer Law Review

The biggest story in Georgia Evidence law this year is undoubtedly the Georgia General Assembly's decision to align Georgia's evidence code with the Federal Rules of Evidence. Proponents of House Bill 24 describe the former rules, many of which have been on the books for more than 150 years, as archaic and inconsistent. Paul S. Milich, professor of law at Georgia State University College of Law and the reporter for the State Bar of Georgia committee that proposed the new rules of evidence for Georgia, described the way the outdated rules impeded the modern practice of law in Georgia: "Our …

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

What constitutes an "occurrence," as defined by a commercial general liability policy, was again a significant focus of the appellate courts during the survey year. The Georgia Supreme Court finally resolved opposite positions taken by federal courts and state courts in Georgia, deciding that negligent faulty workmanship by a contractor resulting in damage to other property constitutes an occurrence. However, when an insured acts negligently, but with foresight, expectation, or design, such conduct will not be a covered occurrence. The Georgia Court of Appeals also reinforced the correct legal standard to consider when deciding whether an insured is justified in …

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii, Alyssa Peters Morris

Mercer Law Review

This Article surveys recent developments in the state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions interpreting Georgia law from June 1, 2010 to May 31, 2011. This Article also includes highlights of certain revisions to the Official Code of Georgia Annotated (O.C.G.A.).

Legal Ethics, Patrick Emery Longan

Mercer Law Review

During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.

Local Government Law, Ken E. Jarrard

Mercer Law Review

No abstract provided.

Product Liability, Franklin P. Brannen Jr., Jacob E. Daly

Mercer Law Review

This Article surveys developments in Georgia product liability law between June 1, 2010 and May 31, 2011. It covers noteworthy cases decided during this period by the Georgia appellate courts, the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia.

Real Property, Linda S. Finley

Mercer Law Review

The survey period, June 1, 2010 through May 31, 2011, saw continued dire economic times for Georgia and the entire United States, which were marked with a record-breaking number of foreclosures. Georgia courts and the Georgia General Assembly began to pay attention to the foreclosure process, the diminution of property values, and how these issues affect Georgia families. Although the purpose of this Article is not to specifically address these serious issues, judicial and legislative trends indicate that these issues will be around for some time.

Torts, Phillip Comer Griffeth, Cash V. Morris

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2010 and May 31, 2011.

Trial Practice And Procedure, Kate S. Cook, Brandon L. Peak, John C. Morrison Iii, Tedra C. Hobson, Mary K. Weeks, Jeb Butler, Samantha A. Dipolito

Mercer Law Review

I. INTRODUCTION

This Article addresses significant judicial and legislative developments of interest to the Georgia civil trial practitioner occurring during the survey period of this publication. II. LEGISLATION

Signed by Governor Deal on May 3, 2011, House Bill 242 rewrites and replaces the Georgia Evidence Code' as codified in Title 24 of the Official Code of Georgia Annotated (O.C.G.A.). The Act loosely conforms Title 24 to the Federal Rules of Evidence and makes the changes effective for any motion, hearing, or trial commencing on or after January 1, 2013.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2010 through May 31, 2011 that pertain to Georgia fiduciary law and estate planning.

Workers' Compensation, H. Michael Bagley, J. Benson Wood

Mercer Law Review

The 2010-2011 survey period featured decisions of Georgia appellate courts in areas ranging from medical care to intervening accidents, with no significant legislation impacting the Workers' Compensation Act

Environmental Law, Travis M. Trimble

Mercer Law Review

Relatively few environmental cases were decided in the United States Court of Appeals for the Eleventh Circuit in 2010. The court decided a case holding that the portion of the Omnibus Appropriations Act of 2009, which funded a mile-long bridge in the Everglades, repealed the National Environmental Policy Act of 1969, Endangered Species Act, and other environmental laws to the extent they applied to the construction project. Additionally, the court decided that the leadbased paint hazard warning required to be included in residential leases pursuant to the Residential Lead-Based Paint Hazard Reduction Act had to be reproduced in such leases …

Admiralty, Colin A. Mcrae, Edgar M. Smith

Mercer Law Review

No abstract provided.

Appellate Practice And Procedure, Robert G. Boliek Jr.

Mercer Law Review

In 2010 the United States Court of Appeals for the Eleventh Circuit addressed a number of cases of significance to appellate practitioners, including cases presenting issues of apparent first impression for the Eleventh Circuit on questions of mootness and justiciability as well as a number of such cases dealing with the preservation of error. In addition, the Eleventh Circuit decided a number of interesting cases relating to interlocutory appeals of orders involving injunctive relief, to questions of the finality of judgments, and to the timeliness of the filing of a notice of appeal.

Perhaps the most interesting case from the …

Bankruptcy, James D. Walker Jr., Amber Nickell

Mercer Law Review

The past few years have been somewhat uneventful in terms of the development of bankruptcy law in Eleventh Circuit courts. The year 2010 was no exception. The lack of significant cases in the lower courts, however, has been offset by notable activity in the Supreme Court of the United States, which has decided five bankruptcy cases since last year's Survey.

Class Actions, Thomas M. Byrne, Stacey Mcgavin Mohr

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit's 2010 decisions in class actions further developed the law on the requirements for class certification, the scope of the Class Action Fairness Act of 2005 (CAFA), and the preclusive effects of class settlements and judgments.

Employment Discrimination, Peter Reed Corbin, John E. Duvall

Mercer Law Review

The United States Court of Appeals for the Eleventh Circuit issued a significantly higher number of published decisions in the area of employment discrimination during the 2010 survey period. It is too early to tell whether this will become a new trend or is a one year aberration. However, the Eleventh Circuit handed down eight published Title VII decisions during the survey period (as opposed to only one published decision the year before), and thirteen published employment discrimination opinions overall (as opposed to only three during the 2009 survey period). Three of these decisions were in the ever troublesome area …

Evidence, W. Randall Bassett, Susan M. Clare

Mercer Law Review

Although the 2010 term of the United States Court of Appeals for the Eleventh Circuit had its share of controversial cases, the court's evidentiary rulings were few in number and moderate in scope. As it has in recent years, the court relied heavily on unpublished decisions to resolve cases without creating binding precedent; thus there were no major alterations to the law of evidence requiring practitioners to run to the nearest volume of the Federal Reporter. As explained in previous iterations of this Survey, the court cautions that its "[u]npublished opinions are not considered binding precedent." As a result,

The …

Federal Taxation, Augustus N. Makris

Mercer Law Review

This Article surveys certain federal tax cases decided by courts in the Eleventh Circuit in 2010. There were no significant decisions. The case of Ocmulgee Fields, Inc. v. Commissioner addressed the applicability of section 1031(f)(4) of the Internal Revenue Code (I.R.C.) to likekind exchanges. The case of United States v. Fort involved a partner who, in exchange for his interest in an acquired partnership, received shares of the acquiring corporation subject to certain restrictions. The issue was whether the restrictions permitted the partner to exclude the shares from gross income when received. The case of Southern Family Insurance Co. v. …

Labor And Employment, Patrick L. Coyle, Alexandra V. Garrison

Mercer Law Review

Courts within the Eleventh Circuit handed down a number of important opinions affecting labor and employment during the January 1, 2010 to December 31, 2010 survey period. The following is a discussion of those opinions.

• FAMILY MEDICAL LEAVE ACT
• FAIR LABOR STANDARDS ACT
• LABOR MANAGEMENT RELATIONS ACT
• COMPUTER FRAUD ABUSE ACT

Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent, Amanda Wilson

Mercer Law Review

The 2010 survey period yielded several noteworthy decisions relating to federal trial practice and procedure in the United States Court of Appeals for the Eleventh Circuit, several of which involved issues of first impression. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of statutory interpretation, removal, subject matter jurisdiction, and civil procedure.

Hiding In Plain Sight: Protection From Gps Technology Requires Congressional Action, Not A Stretch Of The Fourth Amendment, Kimberly C. Smith

Mercer Law Review

In the fall of 2010, a college student in Santa Clara, California, found a peculiar object on the underside of his vehicle after a trip to the mechanic. The student's friend posted an online picture of the strange device asking for suggestions about its source and "if it mean[t] the [Federal Bureau of Investigation] 'is after us.'" As it turns out, the Federal Bureau of Investigation (FBI) was secretly tracking the twenty-year- old Arab-American using a Global Positioning System (GPS) affixed to the underside of his vehicle. The FBI located the student two days after the posting and demanded the …

Whistle While You Work: The Fairytale-Like Whistleblower Provisions Of The Dodd-Frank Act And The Emergence Of "Greedy," The Eighth Dwarf, Lucienne M. Hartmann

Mercer Law Review

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) is arguably the most sweeping and significant expansion of financial regulatory reform since the Great Depression. The Act, stimulated by Congress's perceived failures of government banking regulations, is intended to promote financial stability in the United States. Amidst the Act's thousands of pages are a handful of sections that significantly enhance the awards and protections available to whistleblowers. Among other things, the Dodd-Frank Act's whistle-blower bounty provisions and protections gives a hefty award to whistleblowers, strengthens and expands the whistleblower protections of the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley), creates …