A frequent strategy in commercial litigation involves an insured defendant assigning its failure-to-procure or bad-faith claims against its insurance broker or carrier to an injured plaintiff in exchange for a covenant not to execute on a judgment. However, under Georgia
Georgia Business Law Blog
The Georgia Business Law Blog, published by Wellborn & Wallace, LLC, focuses on legal developments and procedural issues relevant to business law in Georgia. It covers topics such as court rulings on personal jurisdiction, standards for substituting defendants, definitions of legal concepts like collusion in venue disputes, and changes in evidentiary standards. The blog also discusses contract formation nuances, including settlement agreement terms, and procedural aspects of service of process on business entities like LLCs. Its content is centered on appellate court decisions and their implications for business litigation and practice in Georgia.
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Latest from Georgia Business Law Blog
Supreme Court of Georgia Rules You Cannot Use “Equitable Estoppel” to Force a Non-Signatory into Arbitration
Supreme Court of Georgia Rules You Cannot Use “Equitable Estoppel” to Force a Non-Signatory into Arbitration
The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement
The Expanding Frontiers of the GRCA: Georgia Court of Appeals Upholds Five-Year Non-Compete and Out-of-State Affiliate Enforcement
Practice Tip: Authenticate Your Business Records Properly
The Court of Appeals recently reversed the grant of summary judgment as the result of the movant failing to properly authenticate business records in the form of credit card statements and other account documents that were used in support of…
COA Clarifies the Proper Standard for Substituting John Doe Defendants and the Correct Standard for Determining Personal Jurisdiction on a Motion to Dismiss
By Annie Seay
In Monroe v. Mayfield Self Me-064 Storage , the Court of Appeals recently tackled two key procedural issues: (1) the proper method for…
Court of Appeals Offers "Collusion" Definition for Vanishing Venue Disputes
The Court of Appeals of Georgia has stated – for the first time – a definition of collusion in the context of vanishing venue. Proof of…
Georgia Court of Appeals Changes Standard from Clearly Erroneous to De Novo to Govern Self-Contradictory Testimony
The Court of Appeals has overturned decades of precedent on the question of the standard for self-contradictory testimony in Pollard v….
Check Terms Can Alter Unequivocal Settlement Agreement Terms
The Court of Appeals of Georgia has found a settlement agreement lacking in the essentials of contract formation where an offeree…
COA Reviews Alternative Service on LLC's Registered Agent/Office
The Georgia Civil Practice Act allows for service of an entity via its registered agent. O.C.G.A. § 9-11-4 (e) (1). However, there are…
Practice Tip: Object to Jury Charge at Charge Conference and When Jury Returns the Verdict
The form of a verdict and the submission of a special verdict are within the discretion of the trial court, and, absent an abuse of that…