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October 20, 2023 | Daily Report Online

'Factually and Actually Innocent': Imprisoned Virginia Man Can Proceed With Legal Malpractice Case Against Defense Attorney

"We are not persuaded by Graves's claim that Wright's exoneration in the Fourth Circuit was 'premised upon a legal technicality.' To be sure, Wright's habeas claim succeeded because Graves should have recognized that grand larceny from the person was not a lesser-included offense of robbery," Judge Stuart A. Raphae wrote. "But the question here is whether Wright pleaded facts showing that he was actually innocent of grand larceny from the person. He did."
7 minute read
October 19, 2023 | Daily Report Online

'You Live by the Sword; You Die by the Sword': Ga. Appellate Court Mulls Proper Garnishment Procedure in $3.5M Default Judgment Appeal

Each party contends the other made a big mistake in the filing process—the question is whose error sticks.
5 minute read
October 16, 2023 | Daily Report Online

Ga. Lawyers Get $13.75M Settlement for Feds, Patient in Cologuard Kickbacks Suit

"I feel proud that we were able to obtain it for Dr. [Niles] Rosen and the American taxpayers, but I believe that it could have been more had he not had to deal with the advisory opinion that was issued very late in the case and shortly before trial, which directly impacted our claims," said plaintiff attorney Brandon Peak of Peak Wooten McDaniel & Colwell in Columbus, Ga.
7 minute read
October 13, 2023 | Daily Report Online

Ga. Court of Appeals to Weigh Interpretation of Probable 'Drafting Error' in State Apportionment Statute

Appellants say the way things are now greatly diminishes a defendant's incentives to settle because they risk being found liable for a higher portion of attorney fees.
5 minute read
October 12, 2023 | Daily Report Online

'Remember Why You Wanted to Be a Lawyer': LGBTQ Jurists Give Advice on Facing Adversity in the Courts

"I think a part of what people in the LGBT community did after marriage equality was say 'OK, we're done' and check out," family law practitioner Bary Hausrath said. "We need everybody to check back in with great urgency."
4 minute read
Law Journal Press | Digital Book Massachusetts Legal Ethics & Malpractice 2017 Authors: James S. Bolan, Sara N. Holden View this Book

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October 10, 2023 | Daily Report Online

Ga.'s First Federal Accountability Court Benefits Jurists and Taxpayers, US Judge Says

While big cities like Los Angeles, Chicago and Philadelphia have federal accountability courts, Federal Magistrate Judge Catherine Salinas said they are a relative rarity in the South.
4 minute read
October 05, 2023 | Daily Report Online

'How Is That Not Illegal?': Ga. Appellate Court Eyes Class Certification in Fulton County Tax Dispute

"I've done a lot of class action work and I've never seen a case better suited for class certification. We were shocked when we got the court's email," plaintiff-appellant counsel said.
5 minute read
October 04, 2023 | Daily Report Online

With House Speaker Ousted, Law Firm Lobbying Shops Navigate 'Uncharted' Waters

Law firms have been engaged in advocacy work surrounding bills that are likely to be held hostage until a new House speaker is elected.
3 minute read
October 03, 2023 | Daily Report Online

'You're Not Embarrassing the City': $3.75M Settlement Finalized Against Atlanta

"There's something to be said when ... the criticism is coming from your own," said plaintiff attorney Sam Weaver of Banks Weaver in Atlanta. "I felt really confident."
5 minute read
October 02, 2023 | Daily Report Online

11th Circuit Set to Mull Questions of Qualified Immunity and Excessive Force in Central Ga. Civil Rights Case Appeal

"The deputies in this case made a conscious decision—they could either explain to [my client] why they needed him to get out of the car or they could scare the shit out of him. They chose to scare the shit out of him," plaintiff's counsel said.
5 minute read

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