Court Of Appeals Clarifies Rules Regarding Service Of Process

When a client contacts me after they’ve been sued, one of the first questions I ask them is whether they have been served with a copy of the lawsuit. For a party filing suit, service of process is the first procedural hurdle in litigation.

To properly serve a defendant, a plaintiff must comply with O.C.G.A. 9-11-4, Georgia’s law governing service of process. Importantly, Georgia requires personal service on a defendant – mailing a copy of the lawsuit […]

By | Jun 01, 2023 ||

New York Appellate Division Makes New Law By Granting Summary Judgment To Defendant On Comparative Fault

In a first-of-its-kind ruling, New York’s Appellate Division, First Department has granted summary judgment in favor of a defendant on the issue of a plaintiff’s comparative negligence. Lewis Brisbois’ New York office handled the matter of Leathers v. Approved Oil Co. of Brooklyn, Inc., decided on January 17, 2023, wherein the plaintiff’s decedent was struck and killed by the defendant’s fuel truck at a Bronx intersection.

The lower court denied both parties’ motions for summary […]

By | May 30, 2023 ||

Florida Court Dismisses Telemarketing Claims For Failure To Plead Injury; Defendant Appeals To Eleventh Circuit

Courts continue to grapple with issues surrounding Florida’s Telephone Solicitation Act, including what types of claims are sufficient to allege a concrete injury in fact to establish standing under Article III.

In December, the saga continued, with a federal court in Florida finding that the plaintiff did not adequately allege injury despite receiving five unsolicited text messages from the defendant between November 2020 and July 2021. In Muccio v. Global Motivation, Inc., the plaintiff filed a five-count class action […]

By | May 28, 2023 ||