July 8, 2009

Marietta Divorce Lawyers Facing Crowded Courts

I was fortunate to have lunch today with two old law partners of mine who are now Marietta divorce lawyers, Mike Marsh and Jessica Frost. We got to talking about how frustrated their clients have become with the backlog of cases in Superior Court. As we have discussed before, when filing for divorce in Georgia, the Superior Court has exclusive jurisdiction. Conversely, an injury claim can be brought by an Atlanta personal injury lawyer in the Magistrate, State Court, Superior Court, or Federal Court.

The common wisdom used to be that State Court judges are less likely to grant Motions for Summary Judgment but, with the backlog of low end personal injury cases in State Court, more attorneys are availing themselves of the Superior Courts. Given that Superior Court handles all felonies and family law matters and you have a recipe for disaster. We often tell clients that it can be over a year from the time a suit is filed before you will get to the actual jury trial and in some counties, even longer.

No matter what the practice area, litigation is a strenuous process filled with periods of intense activity followed by apparent stasis. We go to great lengths to explain this to our clients but feel free to contact us if you have any questions.

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June 1, 2008

Genetic Anti-Discrimination Bill

In an amazing show of unity, the Senate passed the bill unanimously and the House only had one Nay. President Bush signed it into Law on May 22, 2008. The bill has been a long time coming and bars health insurers from asking for or using genetic information to make a decision about whether to cover a person or how high to set the premiums.

Although there were already some protections for insureds with group health insurance under existing federal law, those who are self-employed and buy their own coverage previously had no guarantees that their genetic information would not be used against them.

One component in particular is a big benefit because it keeps an insurer from raising premiums for a group insured as a small business just because one member has a genetic predisposition to a particular illness or malady.

The legislation is impressive in that it is the first foray into the field of genetic civil rights. Each of us is predisposed to living a certain length of time, going bald, being able to curl our tongue or being a carrier for a particularly virulent type of breast cancer and health insurers know it. Health insurers look at many factors to assess risk including age, occupation, smoking etc. This legislation has drawn a bright line beyond which no insurer can look to prevent insurers from providing coverage to the least vulnerable and leaving everyone else out in the cold. What do you think about it?

http://www.medicalnewstoday.com/articles/108531.php

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April 6, 2008

New Laws for Georgia for 2008

Well the legislature struck out on the important changes they were trying to implement but at least they did some good for the State. These bills will now go on to the Governor for signature and hopefully they will make it through.

ID Theft Protection: Georgia Credit Freeze Law

Link to Legislation, Votes and Status: http://www.legis.ga.gov/legis/2007_08/sum/hb130.htm

If signed, this will allow you to put a "freeze" on your credit for $3 dollars which will prevent anyone (including you) from opening new credit accounts on your social security. Even cooler is the fact that Georgia will be the first state to have 15 minute "thaw" to unlock your credit when you need it. Come on Governor, sign this one

Lemon Law

Link to Legislation, Votes and Status: http://www.legis.ga.gov/legis/2007_08/sum/hb470.htm

This law has been around for a while, but here are some of the key changes:

- Expands the definition of “consumer” to include small businesses.

- Allows a consumer to invoke the lemon law if they have the required number of defects or serious safety defects on a new car within the first 24 months or 24,000 miles. (Currently, there is moving target time limit which says that all of the required defects occur within 12 months of each other in order for the law to apply.)

- Expands the definition of “serious safety defect” to include anything that would threaten the consumer’s life, creates risk of fire or explosion, or hinders the driver’s ability to control the car. (Current law limits serious safety defects to just a few specific systems, like brakes and steering.)

Foreclosure Reforms

Link to Legislation, Votes and Status: http://www.legis.ga.gov/legis/2007_08/sum/sb531.htm

Many home loans made in recent years include payment plans that sharply increase after several years, leaving homeowners with mortgage notes that they cannot afford. Because mortgages are often sold from one creditor to another, some borrowers struggling to make payments have had trouble locating and contacting who actually holds the loan to discuss restructured payments.

If signed, the new law will require that a homeowner facing foreclosure be provided with the identity of the mortgage holder, as well as contact information for a party authorized to negotiate a modification of the mortgage. It also extends the notification period required before sale of the home from 15 to 30 days.

Order Wine From Out of State and a "To Go" Bottle

Last but not least, I should point out that unless the Governor neglects to sign these two, we will now be able to order a limited number of wine cases from out of state (which is good because it chips away at the liquor monopolies) and we can now cork our wine in a restaurant if we cannot finish it and take it home locked in the glove box or trunk. I still would have preferred ad valorum tax reform, but as an Atlanta personal injury attorney I recognize that the legislature can move with glacial speed.

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