The insured filed suit seeking coverage under the Business Income, Civil Authority and Extra Expense provisions of the policy. Each of these policy provisions hinged on a covered cause of loss being a “direct physical loss.” The Eleventh Circuit agreed that the insured failed to allege “nothing that could qualify, to a layman or anyone else, as physical loss or damage.” The court rejected the insured’s argument that the possible presence of viral particles constituted physical damage or loss to the property. The court noted that while the shelter-in-place orders prevented the dental practice from conducted routine or elective procedures, the practice was still able to perform emergency ... Continue Reading
Partner John Ferguson Recognized as Lawyer of the Year in The Best Lawyers in America© 2020
Partner John Ferguson has been recognized in the 26th Edition "Lawyer of the Year" for his work in Workers' Compensation Law- Employers in Atlanta. John has served on the Chairman's Advisory Council for the State Board of Workers' Compensation for 27 years from 1990-2017 and has been selected by Peer Review in years, 2004-2019, as a Georgia Super Lawyer, and from 2007 through 2018, he has been selected by Best Lawyers in America (U.S. News). John Ferguson is a partner with the Atlanta law firm, where he represents employers and insurers in workers' compensation matters. He received his B.A. degree with distinction from the University of Virginia in 1973 ... Continue Reading
DEF Attorneys Recognized in The Best Lawyers in America© 2020
We are proud to announce that fifteen of our attorneys have been listed as the 2020 Best Lawyers in America©. We are proud to announce that fifteen of our attorneys have been listed as the 2019 Best Lawyers in America©. Insurance Law Paul W. Burke Barbara A. Marschalk Stevan A. Miller Litigation- Real Estate Joseph C. Chancey Workers' Compensation Law- Employers James P. Anderson H. Michael Bagley John G. Blackmon, Jr. John C. Bruffey, Jr. Sandra S. Cho Recognized in the 26th Edition "Lawyer of the Year" for his work in Workers' Compensation Law- Employers in Atlanta. John A. Ferguson, Jr. Gary Hurst Julie Y. ... Continue Reading
CDC Issues New Guidelines for Opioid Prescriptions
The opioid crisis in America is frequently in the news and should be. Opioids have caused an enormous cost increase for workers’ compensation employers and insurers. Some cases are impossible to settle because a Medicare Set Aside trust (“MSA”) is required, and the cost of the MSA is $500,000 or more due primarily to the projections of opioid medications for the remainder of the claimant’s life. The Center for Disease Control (“CDC”) recently issued guidelines for prescribing opioids for chronic pain. A copy of those guidelines is attached. The CDC is attempting to effect an enormous change in how opioids are used. Here are the high points: “Opioids are ... Continue Reading
Premises Law Update
Be advised of a strategy you may see from plaintiff's lawyers in the future.Be advised of a strategy you may see from plaintiff’s lawyers in the future. In SDE, Inc. v. Finley, A16A1705 (3/13/17) (Georgia Court of Appeals), the Court of Appeals of Georgia affirmed a default judgment against the corporate defendant. The court found that service upon the shift manager at the restaurant where the plaintiff allegedly fell and sustained injury constituted proper service on the defendant. The shift manager apparently did not forward the suit papers to the appropriate channels and the corporate defendant went into default and the trial court entered a significant default judgment against the ... Continue Reading
Uber and Kay Jeweler Headlines: 3 Critical Lessons for Employers
Recent headlines about large scale sexual harassment allegations at Uber and the parent corporation of Kay Jewelers highlight the increased risk faced by today's employers for costly litigation arising out of their workforce.Recent headlines about large scale sexual harassment allegations at Uber and the parent corporation of Kay Jewelers highlight the increased risk faced by today’s employers for costly litigation arising out of their workforce. The risks and costs of employment litigation have never been higher for employers. The costs of negative publicity, lost revenue and employee morale may be more than any damages payable to aggrieved employees. Worse, as in ... Continue Reading
Big Changes to Overtime Effective December 1, 2016
As you have likely already heard by now, the United States Department of Labor has published its long-awaited final rule greatly expanding the overtime protections of the Fair Labor Standards Act (“FLSA”). The new rule became effective December 1, 2016. Three Things You Need to Know About the New Changes: Many of your current exempt employees will probably be entitled to overtime under the new rules. Under the old rules, employees earning a salary of at least $455 a week/$23,660 annually, may have been considered exempt from overtime under the white collar exemptions to the FLSA. Under the new rule effective December 1, exempt white collar employees will have to ... Continue Reading
U.S. Supreme Court Deemed The Use of Attorney General Letterhead is Not Misleading When Used by Private Attorneys in Special Counsel
Collection Letters Mailed by Private Attorneys Serving as Special Counsel to State Attorney General Not False or Misleading When On Attorney General LetterheadThe Supreme Court issued its opinion Monday in Sheriff v. Gillie, No. 15-338, ___ U.S. ___ (2016). The case involved the collection of debts owed to the state by private law firms that had been appointed as special counsel by the Ohio Attorney General for the purposes of collecting those debts. The private law firms, pursuant to Ohio law, sent collection letters on the Ohio Attorney General letterhead, but provided their own firm information as well as statements alerting the recipient that the communications were from a debt ... Continue Reading
Spokeo, Inc. v. Robins: Light at the End of the Tunnel
In a May 16, 2016 opinion, the United States Supreme Court issued a holding which could offer debt collectors substantial protection against frivolous consumer suits and class actions in the federal courts.In a May 16, 2016 opinion, the United States Supreme Court issued a holding which could offer debt collectors substantial protection against frivolous consumer suits and class actions in the federal courts. While the Spokeo case was focused upon the Fair Credit Reporting Act (“FCRA”), the Supreme Court’s opinion could drastically reduce the consumer defense bar’s ability to weaponize the Fair Debt Collection Practices Act (“FDPCA”) and Telephone Consumer ... Continue Reading