Leipow & Associates, P.C.

READ YOUR LEASE!! Be careful about signing leases that limit your rights. On May 1, 2018, the Georgia Court of Appeals ruled that a lease which included the language that "any legal action against ... [landlord] must be instituted within one year of the date any claim or cause of action arises" was enforceable and barred any action that was filed more than one year later. This is concerning because Georgia law provides longer statutes of limitations for most things, such as ...personal injury being two years (OCGA 9-3-33), and breach of written contract being six years (OCGA 9-3-24). The case is Langley v. MP Spring Lake, LLC, 2018 Ga. App. LEXIS 243 (May 1, 2018), which was a personal injury case that was found to be barred because it was not filed within one year of the incident. Most residential leases are contracts of adhesion (tenant has no ability to negotiate the terms of the contract), and the Supreme Court of Georgia will hopefully hear an appeal of this ruling and reverse this decision on the basis that public policy would disallow residential lease provisions that limit statutes of limitations, but the Supreme Court could also affirm the ruling. Therefore, be attentive to residential leases, and contracts generally, that seek to limit a non-sophisticated consumer's rights. Under this ruling, a wily landlord could limit a statute of limitations to an even shorter period, such as three months or three weeks, and a tenant would be barred from any remedy if suit was not filed within that time period.

It is exceedingly rare that a truly selfless, heroic act is seen, but one happened today. In France, a police officer swapped himself for a hostage, and was seriously injured by a gunshot soon thereafter. I very much hope that he recovers from his injuries. https://www.telegraph.co.uk//france-gunman-holding-hostag/

Insurance Alert: If you have insurance with Access Insurance Company, you will want to get new insurance immediately, as it is insolvent. http://www.insuranceinsider.com/insolvent-access-ordered-in

As the election for Atlanta Mayor approaches, it is helpful to stay informed on the candidates: http://www.atlantamagazine.com//11-questions-for-atlantas/

Our thoughts are with the victims of today's tragedy in Las Vegas.

Good result this week at trial in Cobb County with soft tissue injuries from MVA. Jury gave my client nearly double the last settlement offer, and much more than our last demand. Some folks just make you have to go to trial.

Some clarity on a case that has been perceived as frivolous by the uninformed. https://youtu.be/ZO5OzmBFDOk

It will be helpful to be informed about what the issues are to be voted upon this coming Tuesday. This link discusses the 4 amendments to the Georgia Constitution that will be on the ballot. You can't make a wise choice unless it's an informed choice. https://ballotpedia.org/Georgia_2016_ballot_measures

Good result today in DeKalb County State Court for my client. Plaintiff's verdict against an eviction company in a case where the eviction crew came back after the marshal left to get the property of a tenant they had just evicted, my client had picked up a television to safeguard it for the evicted tenant, which was his friend and neighbor, and members of the eviction crew pushed him down and injured him, taking the television from him. Jury gave us what we asked for, plus punative damages.

Poles protested an abortion law and it worked https://lnkd.in/eka5a-4 Have you seen this? It is a meaningful example of how protests have a dramatic impact on legislation. This time, many women in Poland swayed their legislators to deny a bill criminalizing abortions that otherwise looked imminent to pass. Regardless of your personal opinion the issue, this a noteworthy event.

That School Bus Your Kids Are In Is Driving Uninsured!!! Most Georgia drivers must purchase car insurance in order to drive - to make sure that if a driver causes an accident, there will be insurance to cover the damage. It is not the case with School Districts, which can do what is called "self-insure," by setting aside certain amounts earmarked for that use. The problem is that School Districts, like other government entities, are immune from liability unless that immunit...y has been waived - the law states that immunity is waived up to the amount that the school district "purchases" insurance - but if it is not "purchased" and only "self-insured" then there is no waiver of the sovereign immunity, and therefore there is no remedy whatsoever for a member of the public being hit by a school bus, or other school district vehicle. And that means that where School Districts self-insure, like in Fulton, DeKalb, Cobb, Gwinnett, Clayton, etc. - most counties in Georgia - then they are driving without insurance. This is not just a hypothetical situation. I've seen cases where a person was hit by a school bus, suffered serious injuries, and his law suit was tossed out because the School District was immune from liability! So be careful around school buses - if they hit you, there is likely no way that they'll even repair the damage it does to your car. ...and I suspect that school bus drivers aren't the best drivers on the road... We'll be working to try and change the law to fix this blunder, but in the meantime - be aware.

What do you think of Plaintiff's attorneys? As a plaintiff's attorney, I am of the opinion that what I do is a absolutely crucial to individuals having the ability to stand up to the interests of the big and powerful, and in addition to bringing benefit to the client, bringing lawsuits generally causes society to become safer and more responsible. For instance, stores are more likely to make sure there are no hazards that would injure customers to avoid a lawsuit that would... cost more than the cost to keep the premises safe. Therefore I am of the opinion that it is a noble and respectable profession that is both vital and greatly beneficial to society. There have been well orchestrated campaigns by big business interests to put "litigiousness" into a negative category in the public mind, as the big business interests are the most likely to be the target of the plaintiff's attorney. From time-to-time I hear that negative sentiment be voiced, usually as a joke, but it suggests there has been some success in affiliating a negative connotation to filing lawsuits. I am curious about your thoughts - What do you think of Plaintiff's Attorneys?

Rare unanimous vote in the U.S. House to protect digital privacy like emails. https://www.washingtonpost.com//0219b8ec-0cc3-11e6-bc53-db