Recent Blog Posts
Georgia homeowners’ 4th Amendment Rights were violated when police walked through their yard, smelled raw marijuana, and obtained a search warrant based on what they smelled.
Police officers in Georgia, who were in pursuit of a person who had fled the scene of an accident, walked across the lawn of a residence and smelled raw marijuana coming from the residence. The owners of the residence were in no way connected with the person that ran from the accident scene. The police obtained a search warrant based on what they […]
Georgia golfer’s 4th Amendment Rights violated by police who searched his car simply because he was seen leaving golf course late.
The Georgia Court of Appeals recently ruled that a golfer’s Fourth Amendment rights were violated when he was stopped by a police officer in a police vehicle in the golf course parking lot as the golfer was driving away after the golf course had closed for the day. The Court of Appeals ruled that the police officer had no particularized and objective basis for suspecting […]
Yes, in certain circumstances. However, a prerequisite that has to be satisfied before a suit can be filed against the State of Georgia for negligence is to provide the State of Georgia written notice of the particulars of the claim within twelve months after the incident that your claim is based against the State of Georgia. The notice is referred to as an ante […]
Partner Ronald Cundy recently visited China and toured manufacturing facilities and met with owners and upper management. The purpose of Mr. Cundy’s trip to China was to study and evaluate the Chinese corporate culture as it relates to Chinese manufacture of goods that are exported to the United States. Mr. Cundy visited the cities of JinHua, Hangzhou, and Shanghai as […]
Can a city in Georgia be sued for personal injuries, wrongful death, or property damage due to negligence?
Yes, in certain circumstances. However, a prerequisite that has to be satisfied before a suit can be filed against a municipality or city in Georgia is to provide the city written notice of the particulars of the claim within six months after the incident that your claim is based against the city. The notice is referred to as an ante […]
I was recently fired from my job in Georgia. I wanted to know if I qualify for Georgia unemployment benefits. I was in fact fired for my work not being up to par, but I was working in a job that I really did not have the training for. I felt like it was pretty unfair for my employer to almost set me up to fail. Please let me know if there is anything that can be done!
Judging from your brief description, there is a reasonable chance that you will qualify for unemployment benefits under Georgia law. The general rule is that a person cannot receive unemployment benefits if they have not followed the rules and instructions set out by the employer or they have failed to carry out their duties of […]
Does an insurer that paid its insured for property damage under a Georgia property insurance policy have to show that the insured was made whole before the insurer can seek reimbursement (subrogate) from the third party wrongdoer?
No, an insurer that pays its insured for property damage caused by a negligent third party does not have to show that the insured was made whole by its insurance payment before the insurer can pursue a property damage subrogation claim against the third party wrongdoer. A showing that the insured was made whole or was […]
In Georgia, can a workers’ compensation insurers lien be extinguished by a settlement agreement between the injured employee and the wrongdoer with language that the settlement does not fully and completely compensate the employee for his/her injuries?
The answer is no. In Georgia, a release and settlement agreement between an injured employee and a third party wrongdoer that contains language that the payment by the wrongdoer to the injured employee does not fully and completely compensate the injured employee for his/her injuries does not extinguish the workers’ compensation insurance company’s lien on the settlement for the workers’ compensation benefits paid to the employee for the […]
Can a Georgia workers’ compensation insurer intervene in an employee’s Georgia lawsuit against a third party in the time period after the Georgia statute of limitations for the employee’s bodily injuries has expired ?
Yes, a Georgia workers’ compensation insurer can file a motion to intervene in a Georgia lawsuit in an attempt to recover the workers’ compensation benefits it has paid to an employee, if the employee has previously filed a lawsuit against the negligent third party within the time allowed by Georgia law for the bodily injury claim. Please […]
I have a family member who was a Georgia resident that recently died without a will. Do their assets go to the State of Georgia?
In Georgia, if no person comes forward and claims to be an heir within four years after a legal proceeding has commenced to determine the existence of heirs of a decedent who dies wthout a will, then the decedent’s property can escheat to the State of Georgia. Escheat means revert to the state. Who is considered an […]