One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through which they will conduct their business. Though there are many factors to be considered when deciding whether to operate as a corporation, limited liability company, or other form, two fundamental concerns are prevalent: (1) under which form will I pay the least amount of taxes; and (2) which form will best protect me and my personal assets ... Continue Reading
Praying For A Ponzi Scheme: A Peculiar Sacrament Of Ill-Gotten Gains, Church Donations, Written Reservations, And Declining Insurance Coverage
Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. In counting the morning’s tithes later that day, Rev. Ernest finds the gift – a check, payable to the church, for $1 million. “Land o’ Goshen!” he exclaims. Now, the community missions about which the church has long dreamed can become a reality. Rev. Ernest takes a long look ... Continue Reading
Convenience Stores Subject To Liability Under Georgia’s Dram Shop Act – Flores V. Exprezit! Stores 98-Georgia, LLC,
We have all been to a gas station at eight o'clock at night, standing ten deep in line, with one cashier working two registers ringing up cigarettes, We have all been to a gas station at eight o’clock at night, standing ten deep in line, with one cashier working two registers ringing up cigarettes, candy, and soda while working the gas pumps, often times without greeting you, looking at you, or taking the time to issue you a receipt. Assume one of those ten customers in line was intoxicated, purchased a case of beer from the convenience store, and later caused an accident injuring or killing someone. Under that scenario, the gas station could be held liable under the recent ... Continue Reading
Are You Confused Yet? The State Of Idiopathic Injuries After Harris And Ward
One of the basic principles of Georgia workers' compensation law is that for an injury to be compensable, One of the basic principles of Georgia workers’ compensation law is that for an injury to be compensable, it must have arisen out of and in the course of employment. For an injury to have arisen out of employment, there must be a causal connection between the employment and the injury. The presence or absence that causal connection is at issue in so-called “idiopathic” cases. The seminal idiopathic case is Davis v. Houston Gen. Ins. Co., 141 Ga. App. 385 (1977). In Davis, a ... Continue Reading
Anticipation Of Litigation Protection For Claim Files
Once litigation is filed, insured's attorneys regularly serve requests for production of documents seeking the insurance company's entire Once litigation is filed, insured's attorneys regularly serve requests for production of documents seeking the insurance company's entire file regarding the insured's claim. The claim file contains a plethora of rich information, which if fully disclosed, could provide the insured's attorney with a road map of the various steps, interviews, and decisions taken by the adjuster and investigators during the claim process. While some of that information is certainly discoverable, in claims involving issues of ... Continue Reading