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Partnerships And Partners Keeping Money That Belongs To Another Person: A Conversion Claim
It is not uncommon for disputes to arise among business partners, and other similarly situated business arrangements between individuals and companies, especially at the end of the business or partnership venture, for one of the partners of the partnership to come into the possession of money from a third party customer that constitute partnership profits […]
Increased Stormwater Runoff From New Construction And Other Development? Your Legal Claims
As building construction and other land development activities increase in Georgia, complaints from adjacent landowners about the damaging effects such construction and land development has on their properties will increase. Although a certain amount of inconvenience for adjacent landowners is to be expected from nearby construction and development, oftentimes builders and developers go beyond what […]
Claims Arising From Intentional Acts Of City Held Not Subject To Ante Litem Notice
In an April 1, 2024 Opinion, the Georgia Court of Appeals ruled that the Plaintiffs’ inverse condemnation claims were not subject to the requirement that the Plaintiffs’ send a timely ante litem notice to the City of Canton in order to preserve their claim arising from a leaking sanitary sewage pipe. The Court of Appeals […]
Employers Beware: FTC Proposed Nationwide Ban Of Noncompete Agreements
Below is the language of the proposed Federal Trade Commission rule prohibiting noncompete agreements in certain cases that was announced in a FTC press release on April 23, 2024. The rule has yet to go in effect, and will result in litigation to bar it from becoming law. If the proposed rule may impact you […]
Evidence In A Nuisance And Trespass Lawsuit
The photograph in this post was one of many evidence photographs in a previously filed and settled nuisance and trespass case where a Defendant landowner caused a subcontractor to clear cut trees from its property and pile the felled trees and other debris from the Defendant’s property onto the Rumsey and Ramsey client’s property that […]
Flooding Caused By Builders And Developers Altering The Terrain: Potential Nuisance And Trespass Claims
New Building And Development Activities Causing Storm Water Flooding On Adjacent Properties As new building developments in suburban and rural areas become more prevalent, the chances of property owners and their properties near to these developments being adversely affected in one way or another by the development activities increases as well. A not so usual […]
2023 Update On The Ante Litem Notice: A Continuing Potential Legal Pitfall For Injury Claims Against A City
In a March 2020 opinion, the Georgia Court of Appeals clarified for attorneys with injury claims against Georgia municipalities what is required in the ante litem notice that has to be received by the city within the 6 month period after the date of injury in order to preserve injury victim’s claims against a city. […]
2023 Sovereign Immunity Update: A City Housing Authority Not Immune From Personal Injury Lawsuit
On June 27, 2023, the Georgia Court of Appeals ruled in Pass v. Athens Housing Authority that the Athens Housing Authority was not shielded from a personal injury lawsuit by sovereign immunity. The trial court incorrectly ruled that state sovereign immunity applied to the Athens Housing Authority and it dismissed a lawsuit filed against it […]
Bank Accounts, And Beneficiary Designations- A Tool To Avoid Probate
It is important to remember that time and expense can be saved regarding passing on to your heirs or loved ones bank accounts, savings accounts, brokerage accounts, and other similar accounts by filling out the beneficiary designation at the time the account is opened. This is a form provided by your bank or brokerage firm […]
What Does The Second Amendment To The U.S Constitution Actually State?
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The reader should note that the U.S. constitutional guarantee set forth above does not include the right to possess any specific type of firearm.