Hospital Accuses Judge Of Violating Judicial Canons

by Katheryn Hayes Tucker

A hospital and its lawyers are striking back at the judge who tossed its defense and its counsel out of a medical malpractice trial for allegedly intimidating an expert witness.

Opinion Alert: Appeals Court Affirms Arbitration Award

by Elizabeth Murphy, Opinions Editor

The Georgia Court of Appeals affirmed the trial court's confirmation of the interim arbitration award and judgment entered in favor of S & S Financial Mortgage Corporation arising out of breach of contract and fraud claims against First Option Mortgage LLC concerning the transfer of S & S's president's interest in a financial company to First Option, holding that interim arbitration awards may be confirmed.

New Rules On Genetic Privacy Being Enforced By EEOC

by Sue Reisinger, Corporate Counsel

Earlier this month the U.S. Equal Employment Opportunity Commission filed - and quickly settled - its first lawsuit accusing an employer of gathering illegal genetic information during a job applicant's medical exam.

Law School Offers Second Chance For Rejected Students

The National Law Journal

One law school is giving applicants who don't make the initial admissions cut a second chance to prove they have what it takes. And it's doing it for free.

It's Time For U.S. Courts To Consider Service Of Process By Social Media

by Michael C. Lynch, The National Law Journal

A good defendant can be hard to find. This is especially true in the Internet age where wrongdoers hide behind international boundaries, proxy servers in remote locations, and vague online identities.

Supreme Court of Georgia, Criminal Case

Brock v. State

The defendant failed to prove that the 8-year delay before trial violated his right to a speedy trial after he was charged with murder.

CRIMINAL PRACTICE:Speedy Trial, Effective Assistance of Counsel

Supreme Court of Georgia, Civil Case

Wellstar Health Sys. Inc. v. Jordan

The trial court erred in granting a medical malpractice plaintiff's motion to compel the production of transcripts of ex parte physician interviews defense counsel conducted pursuant to a qualified protective order.

Supreme Court of Georgia, Civil Case

Eversbusch v. Eversbusch

The essential terms of a postnuptial agreement, which the wife had prepared, were not present and agreed upon by the parties.

TORTS:Medical Malpractice; CIVIL PRACTICE:Discovery, Protective Order

Supreme Court of Georgia, Civil Case

Arthur v. Arthur

The trial court's judgment in a divorce action failed to contain sufficient findings of fact to clarify its exercise of discretion in arriving at the equitable division of marital property, and the husband made a timely request for findings of fact and conclusions of law.

FAMILY LAW:Postnuptial Agreement, Divorce, Alimony, Child Support; CONTRACTS:Ambiguity

Supreme Court of Georgia, Civil Case

Austin v. Bank of Am. NA

Loan documents authorized the bank to accelerate and file suit to collect all amounts owed when the borrower failed to cure the payment default after receiving timely notice of the default.

FAMILY LAW:Divorce, Marital Property, Child Custody; CIVIL PRACTICE:Findings of Fact and Conclusions of Law

Supreme Court of Georgia, Civil Case

You v. JP Morgan Chase Bank NA

In considering three certified questions regarding the operation of Georgia's law governing non-judicial foreclosure, the Supreme Court held that the holder of a deed to secure debt does not have to also hold the note or have any beneficial interest in the debt obligation underlying the deed in order to exercise the power of sale.

CREDITORS AND DEBTORS RIGHTS:Suit on Note, Deficiency, Liens; ATTORNEYS FEES:Expenses of Litigation; DAMAGES:Punitive Damages; CONSTITUTIONAL LAW:Due Process

New In Patent Law: Post-Grant Review, Due Diligence and Valuation

by J. Eric Sumner, Corporate Counsel

Among its many changes, the America Invents Act (AIA) provides several new post-grant procedures for a third party to challenge the validity of an issued U.S. patent.

Take 4 Essential Steps In Changing Law Firms

by J. Randolph Evans and Shari L. Klevens

As the economy starts to improve, attorneys will increasingly explore the possibilities of moving to new law firms.

Three Key Strategies for Reducing Class Action Costs

by Catherine Dunn, Corporate Counsel

In-house counsel tackled an increased number of class-action lawsuits last year, but managed to tamp down legal spending by an average of $100,000 per matter, according to the 2013 Carlton Fields Class Action Survey.

Understanding the Dark Side of Shareholder Activism

by John C. Coffee Jr., The National Law Journal

Shareholder activists are flexing their muscles with a new exuberance this proxy season, running more insurgent slates in proxy contests, stalking larger targets and enjoying a higher rate of success.

Failure to Mirandize Does Not Violate Constitution

by Malvina Halberstam, The National Law Journal

Much of the discussion in the media on whether the surviving Boston bombing suspect should have been given Miranda warnings when he was arrested appears to be based on a misconception: that law enforcement officers are required to give suspects the warnings set forth in Miranda v. Arizona and that failure to do so is a violation of the law, at least if the public-safety exception doesn't apply. That is not correct.