State High Court Favors Columbus In Hotel Tax Suit

Georgia’s Supreme Court ruled Monday the city of Columbus has the right to impose occupancy taxes on the amount online travel companies charge customers for hotel rooms. The 4-3 decision upholds an earlier ruling by Muscogee County court against Expedia Inc.

The Columbus government sued Expedia in 2006. It said the company must pay the city occupancy taxes based on the room rate collected from customers, not on the lower wholesale price it pays to hotels. Columbus charges a seven-percent occupancy tax on hotel and motel rooms.

This lawsuit is similar to ones filed by dozens of other municipalities. Many have been dismissed by federal or state judges.

Blue Cross Hit With Multi-Million Dollar Suit

The state’s largest health insurer faces a class action lawsuit from some Georgia surgery centers that could cost it tens of millions of dollars. According to the Atlanta Business Chronicle, the suit is against Blue Cross Blue Shield of Georgia. It alleges the company discouraged customer visits to out-of-network providers by reimbursing those providers at a fraction of "usual and customary" charges. The suit claims a violation of state and federal laws that protect patients and providers.

In a prepared statement, Blue Cross Blue Shield says the allegations are without merit, and the company will vigorously defend itself. The company says it does properly reimburse providers not in their regular network.

The filing of this lawsuit follows a similar one against Blue Cross Blue Shield earlier this year by a Nashville-based dialysis provider. That suit was dismissed by an Atlanta federal court.

Retired Teachers Win Back Money

More than 9,000 retired teachers in Georgia will get lump-sum back payments as a result of a settlement in a class action lawsuit.

The basis of the lawsuit was the claim that the Teachers Retirement System of Georgia miscalculated retirement payments for beneficiaries during a six-year period between April 1998 and April 2004. The result was underpayment for thousands of retired teachers.

Determining how much the payments would be could take a couple of months. The state's Teacher Retirement System has more than $40-billion in funds.

Those to receive back payments are teachers who retired across a 20-year stretch starting in 1983.

Georgia’s Teacher Retirement System still has two other similar lawsuits pending.

Perdue Responds To SB 31 Lawsuit

Legislation signed this week by Governor Perdue includes SB 31--that’s the bill to allow Georgia Power to charge ratepayers early for a pair of nuclear reactors before construction is finished.

But Perdue is among other top lawmakers named in a lawsuit which claims the bill passed through the Legislature illegally. The suit filed by the Fulton County Taxpayers’ Foundation says any measure increasing revenue should originate in the House, not from the Senate.

Perdue on Wednesday responded to the suit:

"As I understand it, the lawsuit was to enjoin me from signing a bill, and based on the powers in the way our governments are set-up with judicial, legislative and executive...it is the role of the executive branch to choose whether or not to give that final vote, and frankly I do believe the lawsuit was more of a publicity stunt than anything else."

A Georgia Power spokesman told the ‘Atlanta Journal-Constitution’ they’re not worried about the suit.

No Questions For Chambliss In Imperial Sugar Case

Georgia U.S. Senator Saxby Chambliss will not have to answer questions from a lawyer suing Imperial Sugar on behalf of victims of the refinery explosion last year. Chatham County judge Hermann Coolidge issued a one-paragraph ruling that effectively stops a subpoena issued for Chambliss to testify under deposition. Savannah attorney Mark Tate wanted to question the Senator on whether Imperial Sugar sought Chambliss’ help to defend the company. The February 7th, 2008 explosion at the Port Wentworth refinery killed 14 workers and injured dozens more. Senate attorneys had argued the U.S. Constitution gives Chambliss immunity from taking questions on business in civil lawsuits.

City Faces Discrimination Lawsuit

A group of current and former workers for the city of Kennesaw is accusing officials of racial discrimination committed and condoned by city officials. The lawsuit filed by three men Monday in U.S. District Court in Atlanta alleges that city officials used and permitted racial slurs and jokes at the workplace, and threatened and belittled minority workers. Two of the plaintiffs in the case are black; the other is Korean. All the defendants are white. The plaintiffs say they complained on several occasions to management about the alleged discrimination, but the complaints were not investigated.

(Associated Press)

Faith-Based Group Wins Right to Meet After Hours in Classrooms

A faith-based group will be able to meet after hours in classrooms free of charge under a settlement with the Cobb County school system. The school system has agreed to allow nonprofit groups to use classrooms free under the agreement ending a lawsuit filed last month by Child Evangelism Fellowship. The group accused the suburban Atlanta district of violating the First Amendment by charging it to hold after-school meetings in classrooms while allowing other organizations, such as the Boy Scouts, to use the space free of charge.

(Associated Press)

Mohawk Case To Be Heard By U.S. Supreme Court

The nation’s high court has agreed to hear an appeal by northwest Georgia-based Mohawk Industries in its legal battle against a former shift supervisor. Hired in 2006, Norman Carpenter says he was later fired after he told company officials a temporary agency was sending undocumented workers to fill jobs at a Mohawk plant.

According to the Atlanta Journal-Constitution, Carpenter alleges Mohawk tried to prevent him from testifying in another lawsuit where current and former employees charged the company recruited and hired illegal immigrants.

Calhoun-based Mohawk in its court filing says Carpenter was fired because HE hired illegal workers in his position as supervisor. The company also denied other allegations.

A recent appeal in the case to a U.S. Circuit Court of Appeals has now led to Mohawk’s filing to the U.S. Supreme Court.

State to pay $1M in mental hospital lawsuit

State mental hospitals are in the public eye again. Georgia will pay a million dollar settlement over the death of a 59 year old Vietnam veteran… a patient at a state-run psychiatric hospital.

Michael Ernest Webb died after nearly three weeks without a bowel movement. His family filed a claim when state officials did not accept responsibility for his death.

They will receive the money in lieu of pursuing a lawsuit against the state.

The state admits no fault, but it has been under federal scrutiny for what investigators say are dangerous conditions in Georgia’s seven mental hospitals.

In August, the governor unveiled a plan to target the issue.

(AP)

Handel responds to lawsuit

Secretary of State Karen Handel says a federal lawsuit filed by a coalition of voter groups against her office is an "orchestrated attempt to dismantle" Georgia’s voter ID process.

The lawsuit was filed on behalf of a Cherokee County man who they say is a victim of voter discrimination—claiming naturalized citizens are unfairly targeted. The suit claims state elections officials did not get federally-required approval for new voter registration policies.

Handel responded, saying the groups want to open the door to allow non-citizens to register to vote in November’s general election. She says safeguards in the verification process are legal, and help ensure only those eligible can vote.

But Jon Greenbaum disagrees—he’s with the Lawyers’ Committee for Civil Rights Under Law:

"Not only did they fail to get pre-clearance for the changes, not only are voters being purged within 90 days of a federal election, but the database itself has massive problems".

This lawsuit follows a ruling from the U.S. Department of Justice this week. It said Georgia’s action to verify citizenship using Social Security numbers violates the Voting Rights Act of 1965.

Education funding suit to be heard today

A long standing lawsuit over education funding in 50 mainly small rural school districts goes to Fulton County Superior Court today. The suit, first filed in 2004, claims the small counties are treated unfairly because they don’t raise enough money from local taxes to make-up for cuts in state education spending. Unless granted a dismissal, the case goes to trial in October. A loss could put the state on the hook for more than one-billion dollars it would have to send to education coffers.

NY man sues Delta over trip

An angry Delta passenger is suing the airline for nearly $1 million. New York attorney Richard Roth says Delta bungled his family trip to South America, inflicting significant financial and emotional cost. He claims mistakes by the airline caused him to arrive in Buenos Aires three days late and without his luggage. A Delta spokeswoman did not comment on the legislation.

Lawsuit filed in sugar refinery blast

An employee of the sugar refinery near Savannah that exploded last month has filed a lawsuit. Raquel Islas filed the suit in state court against a company that was hired to clean dust at the refinery. Islas' attorney says Stokes Contracting is not responsible for the ignition that led to the blast, but should be liable for punitive damages because the company failed to clean and dispose-of sugar dust. The February 7th explosion at the refinery in Port Wentworth killed 13 people.

Housing Authority Lawsuit

Attorney's for the Macon Housing Authority are filing a petition with the Georgia Supreme Court to settle a dispute with the city's former mayor. The outcome could affect communities across the state.

At issue is whether the mayor has absolute power to control who sits on the board of the housing authority. The board controls more than 35-million dollars in federal money and close to 150-million dollars in real estate.

The lawsuit erupted after former Mayor Jack Ellis tried to seat new board members without approval from city council. The Macon City Council has been approving appointments for nearly 70 years. But the State Court of Appeals has ruled that is not necessary.

Housing Authority attorney Steve Dillard says the lawsuit has statewide implications.

"It opens the door to mayors being able to use housing authority boards for their political purposes. And that's a shame because in the past these have not been political entities. It would be tragic if the Court of Appeals decision were allowed to stand."

The lawsuit has cost the housing authority close to a quarter-million dollars.

Chosen Jekyll developer wants in on suit

The developer chosen for a major revitalization of Jekyll Island wants to join a lawsuit over the project. However, developer Linger Longer wants to join as one of the parties being sued in order to protect its interests. The company joins the Jekyll Island Authority as a co-defendant in the suit. The Authority was sued earlier this month by a developer rejected for the project. The suit wants an injunction to stop Linger Longer with moving along on plans to build over one-thousand hotel rooms, condos, and time shares in a "town center" type development. The Authority maintains it was fair in the selection process.