» Litigation

Settlement Offers and the Importance of Following Directions

The other party has offered to settle. In some cases, you may know right away that you want to accept. Even if an offer looks great on the surface, there may still be ambiguities or unresolved questions that need to be addressed before you’re ready… Read More
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Categories: Litigation

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
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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
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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
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Categories: Litigation

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
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Categories: Litigation

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
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Categories: Litigation