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Client Alerts

Georgia Court of Appeals issues important restatement of law on settlement

On September 5, 2013, in the case of Wooden v. Synovus Bank, A13A0876, the Georgia Court of Appeals issued an important restatement of the law on guaranties in Georgia. Writing for the Court, Judge...
by Stites & Harbison, PLLC September 09, 2013
Client Alerts

11th Circuit Court of Appeals clarifies Georgia foreclosure notice requirements

The 11th Circuit Court of Appeals, in Carr v. U.S. Bank, N.A., 2013 U. S. App. LEXIS 16997 (August 16, 2013) clarified the status of Georgia foreclosure notices in light of the recent Georgia...
by Stites & Harbison, PLLC August 28, 2013
Client Alerts

The Servicemembers Civil Relief Act: What it means for creditors' rights

The Servicemembers Civil Relief Act (“SCRA”) was enacted in 2003 as a modern update to the Soldiers’ and Sailors’ Civil Relief Act of 1940. Congress’s purpose behind enacting the SCRA was to “strengthen and expedite...
by Erika R. Barnes July 17, 2013
Client Alerts

Companies breathe a sigh of relief following delay of Affordable Care Act

Tuesday, July 2, the Treasury Department announced that it will postpone implementing a key provision of the Affordable Care Act requiring large employers with 50 or more full-time employees to offer them health insurance...
by Stites & Harbison, PLLC July 08, 2013
Client Alerts

Welcome to the linguistic neighborhood: Defalcation after Bullock v. Bankchampaign, N.A.

In a unanimous decision released on May 13, 2013, in Bullock v. Bankchampaign, 569 U.S. ___ (2013), the United States Supreme Court answered the question as to the legal definition of “defalcation” in the...
by Stites & Harbison, PLLC June 19, 2013
Client Alerts

Georgia Supreme Court vacates Reese v. Provident Funding Associates, LLP

The Georgia Supreme Court on Monday, May 20th, vacated the controversial and troublesome decision of the Georgia Court of Appeals in Reese v. Provident Funding Associates, LLP. In Reese, the Court of Appeals had...
by Stites & Harbison, PLLC June 04, 2013
Client Alerts

No contract? If not, do the "Economic Loss Rule" or CGL Exclusions bar recovery

Damage caused by negligent or defective “Work” is often discovered long after a construction project is completed. You, the claimant, have no contract with the company causing the damage. The question as to whether...
by Stites & Harbison, PLLC May 01, 2013
Client Alerts

How effective are forum selection clauses in design or construction contracts?

Construction and commercial contracts frequently include provisions that require any disputes under the contract to be litigated in a specifically named forum. Subject to certain state and federal statutory restrictions, courts have generally enforced...
by Gregory P. Parsons April 30, 2013