September 18, 2015

            The Eleventh Circuit recently evaluated whether interns are entitled to overtime under the Fair Labor Standards Act (“FLSA”).  The plaintiffs in Schumann v. Collier Anesthesia, P.A., ___ F.3d ___, 2015 WL 5297260 (2015), were former student registered nurse anesthetists who brought a collective action against their college and the supervisor of a universal clinical-placement requirement necessary to obtain their degree, alleging they...

September 18, 2015

          In a decision issued today, the U.S. Court of Appeals for the Second Circuit held that the EEOC’s sex discrimination case against Sterling Jewelers, Inc. – the largest fine jewelry company in the United States that operates chains including Kay Jewelers and Jared – the Galleria of Jewelry –may go forward. 


          The EEOC sued Sterling Jewelers alleging it engaged in nationwide sex-based pay and promotion discrimination in violation of Ti...

September 10, 2015

           In a recent case, Vidal v. Leavell, 2015 WL 4232361 (Ga. App. 2015), the Georgia Court of Appeals made it more difficult for plaintiffs to strip public officers of qualified immunity.  Under Georgia law, public officers and employees, in their individual capacities, are only liable for (1) ministerial acts performed negligently or (2) discretionary acts taken within the scope of their official authority performed with malice or intent to in...

September 2, 2015

           In an action arising out of a car accident, both drivers blamed each other for the accident; however, plaintiff, Zaldivar, also blamed defendant, Prickett’s employer, Overhead Door Company (ODC).  Zaldivar v. Prickett, 2105 WL 4067788 (Ga. App. July 6, 2015).  Zaldivar gave notice under the apportionment statute, OCGA § 51-12-33, that she intended to ask the trier of fact to assign responsibility to ODC for Prickett’s injuries based on...

September 2, 2015

             In an interlocutory appeal, the Court of Appeals granted summary judgment in favor of two officers in a malicious prosecution claim. The Court, in Brown v., 331 Ga.App. 890 (March 30, 2015),  held that the officers were entitled to qualified immunity due to their arguable reasonable suspicion too detain Plaintiff.              



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