Burr & Forman

Innovation

Burr Alert: This Old Waiver? I’ve Had it for Years

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC.1 In York, the Supreme Court affirmed the lower court’s application of last year’s PNC Bank2 decision to a guaranty’s boilerplate waiver clause that broadly waived “any and all rights or defenses based on suretyship or impairment of collateral, including, but not limited to, any rights or…