derivative claim (Georgia) · Go Syfert
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derivative claim in Georgia

24 Georgia opinions name it 2 courts 1983–2025 5 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (32)

CaseFollowedCited
Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissionersgreen
ga · 2017 · cited in 5 Georgia opinions naming this issue, 2018–2025
2 sentences

2025See Kammerer Real Estate Holdings v. Forsyth County Bd. of Commissioners, 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (“a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”).

2025See Kammerer Real Estate Holdings v. Forsyth County Bd. of Commissioners, 302 Ga. 284, 287 (4) ( 806 SE2d 561 ) (2017) (“a claim for attorney fees under OCGA § 13-6-11 is a derivative claim”).

55
DaimlerChrysler Motors Co., LLC v. Clementegreen
gactapp · 2008 · cited in 2 Georgia opinions naming this issue, 2018–2018
2 sentences

2018See *514 Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim."); DaimlerChrysler Motors Co. , 294 Ga. App. at 52 (5), 668 S.E.2d 737 (attorney fees claim failed as a matter of law where plaintiff could not succeed on any underlying tort claim).

2018See *514 Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim."); DaimlerChrysler Motors Co. , 294 Ga. App. at 52 (5), 668 S.E.2d 737 (attorney fees claim failed as a matter of law where plaintiff could not succeed on any underlying tort claim).

22
Georgia Department of Corrections v. Couchgreen
ga · 2014 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017In their cross-appeal, the defendants note (correctly) that a claim for attorney fees under OCGA § 13-6-11 is a derivative claim, see Ga. Dept. of Corrections v. Couch, 295 Ga. 469, 474-475 (2) (a) ( 759 SE2d 804 ) (2014), and they urge that it cannot be brought as a claim derivative of a claim only for judicial review by writ of certiorari.

2017In their cross-appeal, the defendants note (correctly) that a claim for attorney fees under OCGA § 13-6-11 is a derivative claim, see Ga. Dept. of Corrections v. Couch, 295 Ga. 469, 474-475 (2) (a) ( 759 SE2d 804 ) (2014), and they urge that it cannot be brought as a claim derivative of a claim only for judicial review by writ of certiorari.

22
Georgia Motor Trucking Ass'n v. Georgia Department of Revenuegreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue , 301 Ga. 354 , 367 (B), 801 S.E.2d 9 (2017) ; see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"); Racette v. Bank of America, N.A. , 318 Ga. App. 171 , 181 (6), 733 S.E.2d 457 (2012) (claim for punitive damages is derivative of a plaintiff's substantive claims); *235 Wright v. Apartment Investment Mgmt.

2019Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue , 301 Ga. 354 , 367 (B), 801 S.E.2d 9 (2017) ; see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"); Racette v. Bank of America, N.A. , 318 Ga. App. 171 , 181 (6), 733 S.E.2d 457 (2012) (claim for punitive damages is derivative of a plaintiff's substantive claims); *235 Wright v. Apartment Investment Mgmt.

12
Racette v. Bank of America, N.A.green
gactapp · 2012 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue , 301 Ga. 354 , 367 (B), 801 S.E.2d 9 (2017) ; see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"); Racette v. Bank of America, N.A. , 318 Ga. App. 171 , 181 (6), 733 S.E.2d 457 (2012) (claim for punitive damages is derivative of a plaintiff's substantive claims); *235 Wright v. Apartment Investment Mgmt.

2019Ga. Motor Trucking Assn. v. Ga. Dept. of Revenue , 301 Ga. 354 , 367 (B), 801 S.E.2d 9 (2017) ; see also Kammerer Real Estate Holdings, LLC v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 287 (4), 806 S.E.2d 561 (2017) ("[A] claim for attorney fees under OCGA § 13-6-11 is a derivative claim[.]"); Racette v. Bank of America, N.A. , 318 Ga. App. 171 , 181 (6), 733 S.E.2d 457 (2012) (claim for punitive damages is derivative of a plaintiff's substantive claims); *235 Wright v. Apartment Investment Mgmt.

12
Wright v. Apartment Investment & Management Co.green
gactapp · 2012 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Co ., 315 Ga. App. 587 , 590 (1) (a), n.6, 726 S.E.2d 779 (2012) (Because no claim survived, the derivative claim for punitive damages and attorney fees also fails).

2019Co ., 315 Ga. App. 587 , 590 (1) (a), n.6, 726 S.E.2d 779 (2012) (Because no claim survived, the derivative claim for punitive damages and attorney fees also fails).

12
Behforouz v. Vakilgreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025It is well settled that “where the injured person and the spouse combine their separate claims in one suit, the loss of consortium claim is a derivative claim[.]” (Citation and punctuation omitted.) Priester v. Turner, 370 Ga. App. 269 , 270 ( 896 SE2d 710 ) (2023); see also Behforouz v. Vakil, 281 Ga. App. 603, 604 ( 636 SE2d 674 ) (2006) (holding that the trial court properly granted summary judgment on the husband’s loss of consortium claim because it was derivative of the wife’s personal injury claims which failed as a matter of law).

2025It is well settled that “where the injured person and the spouse combine their separate claims in one suit, the loss of consortium claim is a derivative claim[.]” (Citation and punctuation omitted.) Priester v. Turner, 370 Ga. App. 269 , 270 ( 896 SE2d 710 ) (2023); see also Behforouz v. Vakil, 281 Ga. App. 603, 604 ( 636 SE2d 674 ) (2006) (holding that the trial court properly granted summary judgment on the husband’s loss of consortium claim because it was derivative of the wife’s personal injury claims which failed as a matter of law).

11
Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLCgreen
ga · 2024 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025Additionally, “[a]wards of punitive damages . . . are derivative of underlying claims[.]” (Citation omitted.) Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC, 320 Ga. 208, 218 (2) (d) ( 908 SE2d 531 ) (2024), and where the underlying claims remain pending a dismissal of the derivative punitive damages claim is not authorized.

2025Additionally, “[a]wards of punitive damages . . . are derivative of underlying claims[.]” (Citation omitted.) Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC, 320 Ga. 208, 218 (2) (d) ( 908 SE2d 531 ) (2024), and where the underlying claims remain pending a dismissal of the derivative punitive damages claim is not authorized.

11
Fleming v. Fleminggreen
gactapp · 2000 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024See also Fleming, 246 Ga. App. at 70-71 ; Bearden, 231 Ga. App. at 182 . 14 Cf. Lewis v. Meredith Corp., 293 Ga. App. 747, 750 (5) ( 667 SE2d 716 ) (2008) (reiterating that punitive damages claim is a derivative claim that rises and falls with the underlying substantive claims). 8 immunity Angie had “no claim” against Nathan for malicious prosecution.

11
Lewis v. Meredith Corp.green
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2024–2024
2 sentences

2024See also Fleming, 246 Ga. App. at 70-71 ; Bearden, 231 Ga. App. at 182 . 14 Cf. Lewis v. Meredith Corp., 293 Ga. App. 747, 750 (5) ( 667 SE2d 716 ) (2008) (reiterating that punitive damages claim is a derivative claim that rises and falls with the underlying substantive claims). 8 immunity Angie had “no claim” against Nathan for malicious prosecution.

2024See also Fleming, 246 Ga. App. at 70-71 ; Bearden, 231 Ga. App. at 182 . 14 Cf. Lewis v. Meredith Corp., 293 Ga. App. 747, 750 (5) ( 667 SE2d 716 ) (2008) (reiterating that punitive damages claim is a derivative claim that rises and falls with the underlying substantive claims). 8 immunity Angie had “no claim” against Nathan for malicious prosecution.

11
Chemtall, Inc. v. Citi-Chem, Inc.green
gasd · 1998 · cited in 1 Georgia opinions naming this issue, 2024–2024
1 sentence

2024See, e.g., Chemtall Inc. v. Citi-Chem, Inc., 992 F. Supp. 1390, 1410 (S.D.

11
Houston Hospitals, Inc. v. Pamela Feldergreen
gactapp · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021
1 sentence

2021See Houston Hosps. v. Felder, 351 Ga. App. 394 , 399 (4) ( 829 SE2d 182 ) (2019) (“derivative claims of attorney fees . . . will not lie in the absence of a finding of compensatory damages on an underlying claim”) (citation and punctuation omitted).

11
Wellstar Health Systems, Inc. v. Greengreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020It follows that a cause of action for negligent credentialing of staff physicians and other medical care providers is an independent cause of action that arises out of that responsibility.2 Based on this premise, this Court has explained that a negligent credentialing claim is not a derivative claim based on respondeat superior wherein the “employer and employee are regarded as a single tortfeasor.”3 2 (Citations and punctuation omitted.) Ladner v. Northside Hosp., Inc., 314 Ga. App. 136 , 138 n.4 ( 723 SE2d 450 ) (2012), quoting Wellstar Health Systems v. Green, 258 Ga. App. 86, 88 (1) ( 572

2020It follows that a cause of action for negligent credentialing of staff physicians and other medical care providers is an independent cause of action that arises out of that responsibility.2 Based on this premise, this Court has explained that a negligent credentialing claim is not a derivative claim based on respondeat superior wherein the “employer and employee are regarded as a single tortfeasor.”3 2 (Citations and punctuation omitted.) Ladner v. Northside Hosp., Inc., 314 Ga. App. 136 , 138 n.4 ( 723 SE2d 450 ) (2012), quoting Wellstar Health Systems v. Green, 258 Ga. App. 86, 88 (1) ( 572

11
Madonna v. Satilla Health Services, Inc.green
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020Center, 250 Ga. App. 679, 681 (1) ( 551 SE2d 739 ) (2001), citing Madonna v. Satilla Health Svcs., 290 Ga. App. 148, 151 ( 658 SE2d 858 ) (2008). 3 (Punctuation omitted.) Hosp.

2020Center, 250 Ga. App. 679, 681 (1) ( 551 SE2d 739 ) (2001), citing Madonna v. Satilla Health Svcs., 290 Ga. App. 148, 151 ( 658 SE2d 858 ) (2008). 3 (Punctuation omitted.) Hosp.

11
Chaney v. Harrison & Lynam, LLCgreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2018–2018
2 sentences

2018See Chaney v. Harrison & Lynam , 308 Ga. App. 808 , 819 (3), 708 S.E.2d 672 (2011) (Because the plaintiffs could not establish their underlying tort claims, including defamation, their claim for punitive damages was likewise subject to summary adjudication.).

2018See Chaney v. Harrison & Lynam , 308 Ga. App. 808 , 819 (3), 708 S.E.2d 672 (2011) (Because the plaintiffs could not establish their underlying tort claims, including defamation, their claim for punitive damages was likewise subject to summary adjudication.).

11
Ford v. Whipplegreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010Blackburn, P. J., and Adams, J., concur. 1 See Hedquist v. Merrill Lynch &c., Inc., 284 Ga. App. 387 ( 643 SE2d 864 ) (2007). 2 (Citations and punctuation omitted.) Ford v. Whipple, 225 Ga. App. 276, 277 ( 483 SE2d 591 ) (1997). 3 White is named as a defendant only in Gina Clarke’s amended complaint. 4 Central Control contained live video monitors receiving feeds from throughout the courthouse, received emergency assistance request signals from alarms found in judges’ chambers and other locations, and dispatched officer assistance in the event of emergencies. 5 Appellant Christy’s husband also

2010Blackburn, P. J., and Adams, J., concur. 1 See Hedquist v. Merrill Lynch &c., Inc., 284 Ga. App. 387 ( 643 SE2d 864 ) (2007). 2 (Citations and punctuation omitted.) Ford v. Whipple, 225 Ga. App. 276, 277 ( 483 SE2d 591 ) (1997). 3 White is named as a defendant only in Gina Clarke’s amended complaint. 4 Central Control contained live video monitors receiving feeds from throughout the courthouse, received emergency assistance request signals from alarms found in judges’ chambers and other locations, and dispatched officer assistance in the event of emergencies. 5 Appellant Christy’s husband also

11
Hang v. Wages & Sons Funeral Home, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See Jordan v. Atlanta Affordable Housing Fund, 230 Ga. App. 734, 735 (1) ( 498 SE2d 104 ) (1998); Ford, 225 Ga. App. at 277 . 7 (Punctuation and footnotes omitted.) Hang v. Wages & Son Funeral Home, 262 Ga. App. 177, 179-180 ( 585 SE2d 118 ) (2003).

2010See Jordan v. Atlanta Affordable Housing Fund, 230 Ga. App. 734, 735 (1) ( 498 SE2d 104 ) (1998); Ford, 225 Ga. App. at 277 . 7 (Punctuation and footnotes omitted.) Hang v. Wages & Son Funeral Home, 262 Ga. App. 177, 179-180 ( 585 SE2d 118 ) (2003).

11
Jordan v. Atlanta Affordable Housing Fundgreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 2010–2010
2 sentences

2010See Jordan v. Atlanta Affordable Housing Fund, 230 Ga. App. 734, 735 (1) ( 498 SE2d 104 ) (1998); Ford, 225 Ga. App. at 277 . 7 (Punctuation and footnotes omitted.) Hang v. Wages & Son Funeral Home, 262 Ga. App. 177, 179-180 ( 585 SE2d 118 ) (2003).

2010See Jordan v. Atlanta Affordable Housing Fund, 230 Ga. App. 734, 735 (1) ( 498 SE2d 104 ) (1998); Ford, 225 Ga. App. at 277 . 7 (Punctuation and footnotes omitted.) Hang v. Wages & Son Funeral Home, 262 Ga. App. 177, 179-180 ( 585 SE2d 118 ) (2003).

11
Bell Atlantic Corporation v. Bolgergreen
ca3 · 1993 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
cluster 658638green
ca3 · 1993 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
Leventhal v. Post Properties, Inc.green
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
Devlin v. Scardellettigreen
scotus · 2002 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
Sta-Power Industries, Inc. v. Avantgreen
gactapp · 1975 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Ct. 2006). 2 Although the demand letter cited OCGA § 14-2-742, which provides that a shareholder may not commence a derivative proceeding without making written demand on the corporation, Stephens’s complaint is not in the record, making it impossible for us to determine whether it included a derivative claim. 3 Although the settling parties assert that the $8 million figure is “above its appraised value,” they do so without citation to the record. 4 See Burruss v. Ferdinand, 245 Ga. App. 203 (1) ( 536 SE2d 555 ) (2000) (although an appeal from the denial of a motion to intervene usually requi

2008Ct. 2006). 2 Although the demand letter cited OCGA § 14-2-742, which provides that a shareholder may not commence a derivative proceeding without making written demand on the corporation, Stephens’s complaint is not in the record, making it impossible for us to determine whether it included a derivative claim. 3 Although the settling parties assert that the $8 million figure is “above its appraised value,” they do so without citation to the record. 4 See Burruss v. Ferdinand, 245 Ga. App. 203 (1) ( 536 SE2d 555 ) (2000) (although an appeal from the denial of a motion to intervene usually requi

11
Powers v. Eichengreen
ca9 · 2000 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
Thompson v. Scientific Atlanta, Inc.green
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2008–2008
11
Epps v. Hingreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2002–2002
11
Prophecy Corp. v. Charles Rossignol, Inc.green
ga · 1986 · cited in 1 Georgia opinions naming this issue, 2001–2001
11
Allen Kane's Major Dodge, Inc. v. Barnesgreen
ga · 1979 · cited in 1 Georgia opinions naming this issue, 2001–2001
11
Stapleton v. Palmoregreen
ga · 1982 · cited in 1 Georgia opinions naming this issue, 1992–1992
11
Gilmer v. Porterfieldgreen
ga · 1975 · cited in 1 Georgia opinions naming this issue, 1992–1992
11
White v. Hubbardgreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1992–1992
11
Thomas v. Dicksongreen
ga · 1983 · cited in 1 Georgia opinions naming this issue, 1986–1986
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (21)

CaseCitedYears
Brewer v. Paulk green
gactapp · 2009
2 sentences

2012The case of Brewer v. Paulk, 296 Ga. App. 26 ( 673 SE2d 545 ) (2009), is not on point because the husband in that case only brought a derivative claim — loss of consortium — arising out of his wife’s claim of breach of fiduciary duty against a priest for engaging in a sexual relationship with her.

2012The case of Brewer v. Paulk, 296 Ga. App. 26 ( 673 SE2d 545 ) (2009), is not on point because the husband in that case only brought a derivative claim — loss of consortium — arising out of his wife’s claim of breach of fiduciary duty against a priest for engaging in a sexual relationship with her.

22012–2012
Pickett v. Paine green
ga · 1973
2 sentences

1983OCGA §§ 14-2-153, 14-2-123 (Code Ann. §§ 22-714, 22-614, 22-615); Pickett v. Paine, 230 Ga. 786 ( 199 SE2d 223 ) (1973). [1] Because of this general rule, Mrs. Dickson generally would have been forced to combine in one lawsuit a derivative claim to recover over-compensation for the corporation and a direct claim against the corporation and its officers seeking a declaration of dividends in order to receive the recovery to which she felt she was entitled.

1983OCGA §§ 14-2-153, 14-2-123 (Code Ann. §§ 22-714, 22-614, 22-615); Pickett v. Paine, 230 Ga. 786 ( 199 SE2d 223 ) (1973). [1] Because of this general rule, Mrs. Dickson generally would have been forced to combine in one lawsuit a derivative claim to recover over-compensation for the corporation and a direct claim against the corporation and its officers seeking a declaration of dividends in order to receive the recovery to which she felt she was entitled.

21983–2008
Bearden v. Bearden green
gactapp · 1998
1 sentence

2024See also Fleming, 246 Ga. App. at 70-71 ; Bearden, 231 Ga. App. at 182 . 14 Cf. Lewis v. Meredith Corp., 293 Ga. App. 747, 750 (5) ( 667 SE2d 716 ) (2008) (reiterating that punitive damages claim is a derivative claim that rises and falls with the underlying substantive claims). 8 immunity Angie had “no claim” against Nathan for malicious prosecution.

12024–2024
McCall v. Henry Medical Center, Inc. green
gactapp · 2001
2 sentences

2020Center, 250 Ga. App. 679, 681 (1) ( 551 SE2d 739 ) (2001), citing Madonna v. Satilla Health Svcs., 290 Ga. App. 148, 151 ( 658 SE2d 858 ) (2008). 3 (Punctuation omitted.) Hosp.

2020Center, 250 Ga. App. 679, 681 (1) ( 551 SE2d 739 ) (2001), citing Madonna v. Satilla Health Svcs., 290 Ga. App. 148, 151 ( 658 SE2d 858 ) (2008). 3 (Punctuation omitted.) Hosp.

12020–2020
Ladner v. Northside Hospital, Inc. green
gactapp · 2012
2 sentences

2020It follows that a cause of action for negligent credentialing of staff physicians and other medical care providers is an independent cause of action that arises out of that responsibility.2 Based on this premise, this Court has explained that a negligent credentialing claim is not a derivative claim based on respondeat superior wherein the “employer and employee are regarded as a single tortfeasor.”3 2 (Citations and punctuation omitted.) Ladner v. Northside Hosp., Inc., 314 Ga. App. 136 , 138 n.4 ( 723 SE2d 450 ) (2012), quoting Wellstar Health Systems v. Green, 258 Ga. App. 86, 88 (1) ( 572

2020It follows that a cause of action for negligent credentialing of staff physicians and other medical care providers is an independent cause of action that arises out of that responsibility.2 Based on this premise, this Court has explained that a negligent credentialing claim is not a derivative claim based on respondeat superior wherein the “employer and employee are regarded as a single tortfeasor.”3 2 (Citations and punctuation omitted.) Ladner v. Northside Hosp., Inc., 314 Ga. App. 136 , 138 n.4 ( 723 SE2d 450 ) (2012), quoting Wellstar Health Systems v. Green, 258 Ga. App. 86, 88 (1) ( 572

12020–2020
Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc. green
gactapp · 2006
2 sentences

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

12018–2018
Corrugated Replacements, Inc. v. David Johnson green
gactapp · 2017
2 sentences

2018"A derivative claim cannot survive the absence of compensatory damages on the underlying claim." Corrugated Replacements v. Johnson , 340 Ga. App. 364 , 371 (4), 797 S.E.2d 238 (2017).

2018"A derivative claim cannot survive the absence of compensatory damages on the underlying claim." Corrugated Replacements v. Johnson , 340 Ga. App. 364 , 371 (4), 797 S.E.2d 238 (2017).

12018–2018
Premier Cabinets, Inc. v. Bulat green
gactapp · 2003
2 sentences

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

12018–2018
Executive Excellence, LLC v. Martin Bros. Investments, LLC green
gactapp · 2011
2 sentences

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

12018–2018
Simmons v. Futral green
gactapp · 2003
2 sentences

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim.

12018–2018
Hedquist v. Merrill Lynch, Pierce, Fenner & Smith, Inc. green
gactapp · 2007
2 sentences

2010Blackburn, P. J., and Adams, J., concur. 1 See Hedquist v. Merrill Lynch &c., Inc., 284 Ga. App. 387 ( 643 SE2d 864 ) (2007). 2 (Citations and punctuation omitted.) Ford v. Whipple, 225 Ga. App. 276, 277 ( 483 SE2d 591 ) (1997). 3 White is named as a defendant only in Gina Clarke’s amended complaint. 4 Central Control contained live video monitors receiving feeds from throughout the courthouse, received emergency assistance request signals from alarms found in judges’ chambers and other locations, and dispatched officer assistance in the event of emergencies. 5 Appellant Christy’s husband also

2010Blackburn, P. J., and Adams, J., concur. 1 See Hedquist v. Merrill Lynch &c., Inc., 284 Ga. App. 387 ( 643 SE2d 864 ) (2007). 2 (Citations and punctuation omitted.) Ford v. Whipple, 225 Ga. App. 276, 277 ( 483 SE2d 591 ) (1997). 3 White is named as a defendant only in Gina Clarke’s amended complaint. 4 Central Control contained live video monitors receiving feeds from throughout the courthouse, received emergency assistance request signals from alarms found in judges’ chambers and other locations, and dispatched officer assistance in the event of emergencies. 5 Appellant Christy’s husband also

12010–2010
Burruss v. Ferdinand green
gactapp · 2000
12008–2008
Zapata Corp. v. Maldonado green
del · 1981
12008–2008
Allgood v. GEORGIA MARBLE COMPANY green
ga · 1977
12008–2008
Kaplan v. Wyatt green
del · 1985
12008–2008
Rodriguez v. Tatum green
gactapp · 1981
12008–2008
Greer v. Federal Land Bank neutral
gactapp · 1981
12008–2008
Auerbach v. Bennett green
ny · 1979
12008–2008
Southern Railway Co. v. Harbin green
ga · 1910
11992–1992
Woodruff v. Columbus Investment Co. green
ga · 1910
11992–1992
Sorrow v. Seloff neutral
gactapp · 1985
11988–1988

Statutes the citing opinions construe

GA § 13-6-11 (9) GA § 9-11-12 (4) GA § 9-11-56 (4) GA § 9-11-60 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 181 (1913–2026) DE 124 (1957–2026) CA 81 (1962–2026) TX 77 (1977–2026) OH 69 (1968–2026) PA 68 (1962–2026) IL 65 (1984–2023) FL 39 (1977–2023) NJ 30 (1950–2024) NC 27 (1986–2025) MA 25 (1990–2025) CT 25 (1991–2025) GA 24 (1983–2025) WI 24 (1987–2023) MI 24 (1936–2023) IN 22 (1979–2024) MD 18 (1976–2025) TN 17 (1952–2021) MS 16 (1990–2024) WV 16 (1986–2025) LA 16 (1992–2024) NV 14 (2016–2025) VA 14 (1998–2025) AL 14 (1981–2016) MO 13 (1958–2023) NM 13 (1996–2025) MN 12 (1963–2017) CO 12 (1977–2021) AZ 10 (1996–2026) IA 10 (1975–2024) WA 10 (1968–2020) ME 9 (1990–2023) UT 8 (1999–2025) HI 7 (1983–2026) VT 5 (1998–2026) RI 4 (2003–2009) SC 4 (2000–2022) OK 4 (1996–2026) WY 4 (2019–2023) AK 3 (1971–2009) OR 3 (1994–2020) KY 3 (1999–2020) NE 2 (2021–2024) SD 2 (1998–1998) AR 2 (1998–2006) ND 2 (1994–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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