Represented metro-Atlanta municipality in a suit by a former employee alleging violations of federal law, including the Americans with Disabilities Act and the Family and Medical Leave Act, in her termination. Bloom Sugarman moved for summary judgment on all counts, arguing the motion before a magistrate judge in the Northern District of Atlanta. After argument, the magistrate judge recommended granting our motion on all counts. The District judge adopted the recommendation in full, agreeing that the defendant had not violated any laws in the termination and taxing costs to the plaintiff.
On June 6, 2017, the Georgia Court of Appeals issued a decision which clarifies the standard that Georgia courts should apply when examining alleged evidence of undue influence. The opinion almost completely reverses retired Superior Court Judge Wendy Shoob’s order granting summary judgment based on the erroneous conclusion that a fact finder may only look at evidence of undue influence that occurred on the date of execution of challenged documents. Instead, the Court reiterated years of precedential Georgia case law and made clear that a trier of fact in an undue influence case may look at evidence indicative of undue influence before, during and after the date of execution of the challenged documents.
In addition to incorrectly limiting the scope of the evidence, the Court also found that the trial court discredited evidence, adopted the opposing party’s theory of the case, and improperly weighed the evidence. Accordingly, the Court reversed the trial court’s grant of summary judgment on our client’s undue influence claims, as well as the opposing parties’ adverse declaratory judgment claims.
Slosberg v. Giller, et al., Case No A17A0091, A17A0092 (Ga. Ct. App. June 6, 2017)
On December 6, 2016, Bloom Sugarman Partner F. Skip Sugarman argued a major fiduciary-litigation case before the Georgia Court of Appeals. The case could ultimately have major implications for the legal standard applicable to claims of undue influence involving non-probate documents, such as trusts, deeds, and beneficiary-designation forms for life insurance and payable-on-death accounts.
Successfully obtained summary judgment awarding our client over $100,000 in outstanding invoices. Our client produced and delivered a custom product to defendant who accepted delivery and then failed to pay. Defendant’s counterclaims were also rejected as a matter of law under the notice provision of the Georgia UCC.