Legal Articles

Venue with a Musical Twist: The Importance of a Forum Selection Clause

Where a case is litigated is crucial to its outcome. Litigating in a foreign state can burden parties with additional costs, travel, and time. This is especially true for transportation and logistics companies pursuing collection of freight charges f… Read More
Read More
Categories: Litigation

Thornton v. Uber: Failure to Agree to Website Terms and Conditions Makes Arbitration Clause Voidable

Transportation and freight companies should use caution when determining how to administer terms and conditions. Consumer use of online websites and mobile applications is on the rise and has significantly changed how businesses conduct transactions.… Read More
Read More
Categories: Litigation

“New Value” Defense Helps Creditors Facing Bankruptcy Preference Claims

A customer declaring bankruptcy can have serious implications for transportation and logistics companies. Before 2018, a bankruptcy trustee could routinely “claw-back” payments made by a customer within 90 days of the customer’s bankruptcy fili… Read More
Read More
Categories: Litigation

Georgia Court Provides Guidance on Reasonableness of Restrictive Covenants

Restrictive covenants are an attractive and useful tool that allow people to protect their business interests. But prior to 2011, Georgia restrictive covenant law was vague and unclear. Georgia citizens were left unsure whether a court would enforce… Read More
Read More

Criteria for Defendants to Recover Attorney Fees in Georgia Litigation After SRM Grp., Inc. (2020)

Criteria for Defendants to Recover Attorney Fees in Georgia Litigation After SRM Grp., Inc. (2020) A common question most people have is how to recover fees resulting from a lawsuit. An award of attorney fees and expenses of litigation is not general… Read More
Read More
Categories: Litigation

Protection From Liability Under the Georgia COVID-19 Pandemic Business Safety Act

Contributor: Emma Schott, Law Clerk On August 5, 2020, Georgia Governor Kemp signed into effect the Georgia COVID-19 Pandemic Business Safety Act. With adoption of the new law, the State of Georgia joined other states, including Kansas, Louisiana, Mi… Read More
Read More

Changes to Georgia Law on Opening Default in Litigation

If you are served with a lawsuit and fail to answer within 45 days, a recent Supreme Court of Georgia case makes it easier to file a late answer. So, rather than facing automatic judgment by default, you may still have your day in court. The followin… Read More
Read More
Categories: Litigation

Carmack Amendment Time Limits on Cargo Claims Explained

Confusion abounds concerning the time limitations set forth under the Carmack Amendment for cargo claims. The 9-month and 2-year limits in the federal law are not themselves statutes of limitations. Instead, they represent the minimum claim and lawsu… Read More
Read More
Categories: Cargo Claims