Category Archives: articles

LLC Operating Agreements – Important and Often Overlooked

All business ventures start with grand ambitions. The partners always begin on the same page, chomping at the bit to drive towards profit and success. The formalities associated with starting the business are an aggravation that only seem to get … Read the rest

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Settlement Agreements: Keeping the Deal

The moment when an agreement is reached to resolve a disputed matter often brings great relief to the litigants and their attorneys. However, that same sense of relief can cause the unwary lawyer to let his guard down when it … Read the rest

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Why uninsured / undersinsured motorist coverage is important to you!

This article addresses common questions and issues regarding the necessity and operation of uninsured/underinsured (UM/UIM) motorist insurance coverage. This article does not constitute legal advice or an offer of representation from Orr Brown Johnson LLP or any of its attorneys.… Read the rest

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Important Change to Ga. Service Rule

As a result of the passage of Senate Bill 491, available here, a plaintiff who perfects service on a defendant must now file the return of service within 5 days of service.  If the plaintiff does not promptly file … Read the rest

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Acknowledgment of Service vs. Waiver of Service

Lawyers, particularly those who intend to keep their licenses to practice law, are serious about deadlines.  They keep a calendar on their phone and on their desktop, and their assistants generally maintain a duplicate calendar, all with the hope and

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Venue–Joint Tortfeasors in Georgia

In M&M Mortgage Co. v. Grantville Mill (A09A2291 01/14/10), the Georgia Court Appeals reminds all Georgia civil litigators how costly suing a litigant in the wrong venue can be.  M&M, which resided for venue purposes in either Fulton County of … Read the rest

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Bankruptcy and Judicial Estoppel

Judicial estoppel “protect[s] the integrity of the judicial process by prohibiting parties from changing positions according to the exigencies of the moment.” New Hampshire v. Maine, 532 U.S. 742, 749 (2001).  Specifically, the doctrine “prevent[s] a party from asserting … Read the rest

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11th Circuit Finds Rational Basis for Georgia’s Refusal to Toll Medical Malpractice Claims of the Mentally Incompetent

The most vulnerable of Georgians suffered a significant defeat last week that will make it more difficult for them to recover for injuries that they suffer as a result of a medical professional’s negligence.  Under Georgia law, the mentally incompetent … Read the rest

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Georgia Supreme Court Recognizes “Holder” Claims

In response to a Certified Question from the United States Court of Appeals for the Second Circuit, the Georgia Supreme Court recently concluded in Holmes v. Grubman (opinion available here) that the common law of Georgia recognizes … Read the rest

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Business Torts in Georgia

Orr Brown Johnson LLP Senior Partner Wyc Orr was asked to speak at the 2009 GTLA Holiday Seminar in Atlanta, Georgia, on the issue of business torts in Georgia.  The paper that he drafted for the seminar identifies and discusses … Read the rest

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