On September 28, 2020, the Georgia Supreme Court confirmed Georgia law prohibits a contractor from including anticipated profits in a lien, but doing so will not invalidate the entire lien. Massey et al. v. [...]
For months, litigation over business interruption claims for COVID-19 losses have increased. Insurers have argued (1) “physical loss or damage” does not apply when COVID-19 is on the premises or when shutdown orders restrict use [...]
On November 2, 2020, the Georgia Supreme Court issued an opinion in Quynn v. Hulsey et al., Case No. S19G1612. At issue was whether the Court of Appeals erred in holding an employer whose [...]
On October 19, 2020, the Georgia Supreme Court issued an opinion in Johns et al. v. Suzuki Motor of America, Inc. et al., Case No. S19G1478, affirming the Court of Appeals’ determination that Georgia’s [...]
Burkhalter Law is proud to announce one of our attorneys, Melissa Ewing, has been approved to join the Financial Industry Regulatory Authority’s (FINRA) arbitrator roster as a Public arbitrator. After completing training, she is [...]
On October 6, 2020, the Georgia Supreme Court issued an opinion in Geer v. Phoebe Putney Health System, Inc. Case No. S19G1265, affirming the Court of Appeals’ determination that Georgia’s anti-SLAPP statute, O.C.G.A. § [...]
In May, we highlighted uncertainties regarding COVID-19 claims for business losses. Since then, litigation has increased, and courts are ruling on motions to dismiss filed by insurers who denied coverage under business interruption policies. [...]
On September 8, 2020, the Georgia Supreme Court issued an opinion in Innovative Images, LLC v. James Darren Summerville et al, Case No. S19G1026, affirming the reversal of a trial court’s denial of a [...]
On August 5, 2020, Governor Kemp signed Senate Bill 315, which amends Georgia’s Mechanics’ and Materialmen’s Lien statute (O.C.G.A. § 44-14-366) to expressly limit the release language of lien waivers to a contractor’s lien rights without affecting any other rights [...]
Georgia has not issued a moratorium on residential or commercial foreclosures in response to COVID-19. However, there are two protections for homeowners with federally backed mortgages. First, lenders may not foreclose on federally backed mortgages until at least August 31, 2020. HUD authorized FHA to implement [...]
Important changes due to COVID-19 have impacted evictions and tenants’ relief. Georgia has not issued a state-wide moratorium on evictions. However, the Georgia Supreme Court has issued a state of judicial emergency limiting court [...]
