Samuel A. MullmanApr 16, 2021Statute Of Limitations For Breach Of Express Warranty Vs. Implied WarrantyAs a general rule, contract claims are subject to a six-year statute of limitation. See OCGA § 9-3-24. The “six-year period begins to run...
Samuel A. MullmanApr 8, 2021Receiver or Auditor Cannot Also Be Appointed As Special MasterThe Court of Appeals of Georgia stated that an individual cannot act as both a receiver/auditor and a special master in the same matter...
Samuel A. MullmanMar 22, 2021Accidental Failure To Produce Discoverable Information Is Not Sanctionable The Court of Appeals of Georgia reversed discovery sanctions against a party for failing to disclose an umbrella insurance policy....
Samuel A. MullmanMar 18, 2021Duty to Preserve Evidence Begins When Party Has Actual or Constructive Knowledge of LawsuitThe Court of Appeals clarified that a party has no duty to preserve evidence if it has no actual or constructive knowledge of a lawsuit....
Samuel A. MullmanMar 18, 2021Administrative Agencies Can Enforce Subpoenas In Superior Courts From Administrative Investigations The Georgia Administrative Procedure Act (the "Act"), see O.C.G.A. § 50-13-1 et seq., gives agency procedures for administrative...