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Articles Posted in Immunity

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Georgia Court of Appeals Addresses Scope of Firearm-Related Tort Immunity

In 2008, the Georgia legislature enacted the “Business Security and Employee Privacy Act,” O.C.G.A. § 16-11-135, which generally prohibits an employer from restricting an employee from bringing a licensed firearm onto the employer’s parking lot. In addition to protecting employees’ right to bring firearms onto business property under certain circumstances,…

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Court Reverses Dismissal of Auto Accident Case Against Georgia Forestry Commission

In many of the rural parts of our state, it’s not uncommon for property owners to burn vegetation or other materials on their property. Although these burnings are regulated and are typically performed without incident, they do pose some hazards. Indeed, in a recent decision, Grant v. Georgia Forestry Comm.,…

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Georgia Court of Appeals Discusses Ante Litem Notice Compliance in Recent Ruling

Lawsuits against the government, either state or federal, often come with a variety of specialized procedural hurdles. In Georgia, among these particular requirements that catch hapless litigants by surprise are the many special notice requirements that preclude a litigant from bringing suit against a state entity unless he or she…

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Georgia Court of Appeals Reverses in Auto Accident Decision

Obtaining recovery for physical injuries or property damage resulting from a car accident is often not a straightforward endeavor. Indeed, many drivers involved in car accidents expect to deal with some amount of insurance wrangling or, in more complex situations, litigation. However, as the plaintiff in a recent case before…

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Georgia Court of Appeals Reverses Trial Court and Dismisses Personal Injury Case against Officer

The scope of police authority in interactions with citizens has been a commonly discussed topic in media coverage in recent months. Although at the forefront of the modern discussion, the use of force is not a novel concept in the law. Indeed, law enforcement use of force is among the…

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Supreme Court of Georgia Rules in K-9 Negligence Suit

In a recent and highly anticipated decision, Eshleman v. Key, the Supreme Court of Georgia addressed an interesting issue regarding the breadth of official immunity doctrine. Specifically at issue in Eshleman was whether official immunity shielded a police officer from liability when her K-9 dog escaped from her yard and…

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Atlanta Federal Court Rules Officer Immune From Suit Under Discretionary Analysis

Although the courthouse typically serves as a venue for resolving legal disputes, occasionally it can be the setting for their creation. For instance, the Atlanta Division of the United States District Court for the Northern District of Georgia recently addressed liability arising from a scuffle between an attorney and a…

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