Atlanta Injury Lawyers Blog

Non compete clauses or non-solicitation clauses are governed by O.C.G.A. 13-8-50 to 59. Under Georgia law, restrictive covenants in employment agreements are subject to strict scrutiny and will be enforced only if they are reasonable as to the duration, territorial coverage, and scope of activity of the covenant.

In H&R Block v. Morris, No. 09-11184 (11th Cir. 2010), the Eleventh Circuit addressed a dispute between the well-known tax services company and a former employee who allegedly violated the terms of her employment agreement. The employment agreement contained two restrictive covenants--a non-competition clause and non-solicitation clause. A restrictive covenant in an employment contract, whether a non-solicitation covenant or a non-competition covenant, is considered to be in partial restraint of trade and will be enforced only if it (1) is reasonable, (2) is supported by consideration, (3) is reasonably necessary to protect the restraining party’s interest, and (4) does not unduly prejudice the interests of the public.

Continue reading " Recent Georgia Case Upholds Non-Compete and Non-Solicitation Agreements " »

Neck injuries are some of the most common injuries that occur in accidents in Atlanta. Whiplash for instance, is one of the most common neck injuries in an accident. These typically occur during rear ender accidents. As a result of impact, the person’s head snaps backward and then forward again, with great force. This can cause muscle and ligament tears.

Neck pain can also be caused by a spinal injury in an accident. The intervertebral disc can herniate, and this can lead to constant neck pain which can radiate through the shoulders, arms and down the back. Such neck pain can be treated through a cervical fusion surgery.

Continue reading " Cervical Fusion as a Treatment Option for Whiplash " »

Investigations into a fatal car accident in Atlanta last week that killed a 24-year-old man are determining whether the club the drunk driver worked at, could have done anything to prevent the accident.

Last week, Christa Scott who worked as a waitress at the Midtown Bar was allegedly driving a car under the influence when her vehicle rammed into a car being driven by 24-year-old Jordan Griner. Griner took the full impact of the accident, and was declared dead on arrival at the hospital. It would take emergency rescue personnel more than 30 minutes to extricate him from the mangled wreckage. Griner was an intern at Gov. Sonny Purdue’s office.

Continue reading " Could Club Have Prevented Fatal Atlanta Car Accident? " »

The Atlanta City Council is expected to approve the settlement of a lawsuit brought against the City by a 62-year-old woman who was jailed for asking a police officer “why” she and friends had to move from a sidewalk where they were talking about an upcoming funeral.

A council committee has accepted the city attorney's recommendation to settle the case, but the settlement must be approved by the entire city council. Minnie Carey spent almost 10 hours in jail on a charge of disorderly conduct brought by an officer who already had a troubled history with the Atlanta Police Department.

Continue reading " City of Atlanta Settles Police Brutality Claim " »

Patients with a Traumatic Brain Injury often suffer symptoms of vertical heterophoria or visual misalignment. This kind of misalignment can increase stress and pressure on the eye muscles, which have to adjust to correct the alignment. The stress on the eye muscles contributes to symptoms like headaches, dizziness, anxiety, neck pain and difficulty in reading. These are known as postconcussive symptoms, and in approximately 10 % to 25% of patients who suffer from a brain injury, can be seen even years after the injury has occurred.

Continue reading " Special Prismatic Lenses Could Help Treat Headaches, Dizziness in Brain Injury Patients " »

Atlanta medical malpractice lawyers and doctors have not exactly been unaware of the fact that hospital errors spike substantially in the month of July. There is even a name for this phenomenon, and it's called the July Effect.

Studies conducted earlier have shown a substantial increase in medication errors in the month of July, but there have been no conclusive results from these studies. However, doctors have always believed that this increase is because of inexperienced new medical residents, who turn up at hospitals in July. A new study now confirms this.

Continue reading " Researchers Confirm July Effect: Increase in Medication Errors " »