plaintiff asserting claim (Georgia) · Go Syfert
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plaintiff asserting claim in Georgia

11 Georgia opinions name it 1 courts 2001–2019 0 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 (9)

CaseFollowedCited
Gregorakos v. Wells Fargo National Ass'ngreen
gactapp · 2007 · cited in 3 Georgia opinions naming this issue, 2012–2016
2 sentences

2016Assn., 285 Ga. App. 744, 747-748 (2) ( 647 SE2d 289 ) (2007).

2016Assn., 285 Ga. App. 744, 747-748 (2) ( 647 SE2d 289 ) (2007).

33
Racette v. Bank of America, N.A.green
gactapp · 2012 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014“In Georgia, a plaintiff asserting a claim of wrongful foreclosure must establish a legal duty owed to it by the foreclosing party, a breach of that duty, a causal connection between the breach of that duty and the injury it sustained, and damages.” (Citations and punctuation omitted.) Racette v. Bank of America, N.A., 318 Ga. App. 171, 174 (1) ( 733 SE2d 457 ) (2012).

2014“In Georgia, a plaintiff asserting a claim of wrongful foreclosure must establish a legal duty owed to it by the foreclosing party, a breach of that duty, a causal connection between the breach of that duty and the injury it sustained, and damages.” (Citations and punctuation omitted.) Racette v. Bank of America, N.A., 318 Ga. App. 171, 174 (1) ( 733 SE2d 457 ) (2012).

22
Renton v. Watsongreen
gactapp · 2013 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Renton v. Watson, 319 Ga. App. 896, 900 (2) ( 739 SE2d 19 ) (2013).

2013Renton v. Watson, 319 Ga. App. 896, 900 (2) ( 739 SE2d 19 ) (2013).

22
Canton Plaza, Inc. v. Regions Bank, Inc.green
gactapp · 2012 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019"A plaintiff asserting a claim of wrongful foreclosure must establish (1) a legal duty owed to it by the foreclosing party, (2) a breach of that duty, (3) a causal connection between the breach of that duty and the injury it sustained, and (4) damages." Canton Plaza v. Regions Bank, 315 Ga. App. 303 , 306 (1), 732 S.E.2d 449 (2012) (citation omitted).

2019"A plaintiff asserting a claim of wrongful foreclosure must establish (1) a legal duty owed to it by the foreclosing party, (2) a breach of that duty, (3) a causal connection between the breach of that duty and the injury it sustained, and (4) damages." Canton Plaza v. Regions Bank, 315 Ga. App. 303 , 306 (1), 732 S.E.2d 449 (2012) (citation omitted).

11
DeGolyer v. Green Tree Servicing, LLCgreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019"A claim for wrongful exercise of a power of *765 sale under OCGA § 23-2-114 can arise when the creditor has no legal right to foreclose." DeGolyer v. Green Tree Servicing, LLC, 291 Ga. App. 444 , 448-449 (4), 662 S.E.2d 141 (2008) (citations and punctuation omitted); Brown v. Freedman , 222 Ga. App. 213 , 214 (1), 474 S.E.2d 73 (1996) (same).

2019"A claim for wrongful exercise of a power of *765 sale under OCGA § 23-2-114 can arise when the creditor has no legal right to foreclose." DeGolyer v. Green Tree Servicing, LLC, 291 Ga. App. 444 , 448-449 (4), 662 S.E.2d 141 (2008) (citations and punctuation omitted); Brown v. Freedman , 222 Ga. App. 213 , 214 (1), 474 S.E.2d 73 (1996) (same).

11
Brown v. Freedmangreen
gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019"A claim for wrongful exercise of a power of *765 sale under OCGA § 23-2-114 can arise when the creditor has no legal right to foreclose." DeGolyer v. Green Tree Servicing, LLC, 291 Ga. App. 444 , 448-449 (4), 662 S.E.2d 141 (2008) (citations and punctuation omitted); Brown v. Freedman , 222 Ga. App. 213 , 214 (1), 474 S.E.2d 73 (1996) (same).

2019"A claim for wrongful exercise of a power of *765 sale under OCGA § 23-2-114 can arise when the creditor has no legal right to foreclose." DeGolyer v. Green Tree Servicing, LLC, 291 Ga. App. 444 , 448-449 (4), 662 S.E.2d 141 (2008) (citations and punctuation omitted); Brown v. Freedman , 222 Ga. App. 213 , 214 (1), 474 S.E.2d 73 (1996) (same).

11
Razavi v. Shackelfordgreen
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016Razavi v. Shackelford, 260 Ga. App. 603, 605-606 (2) ( 580 SE2d 253 ) (2003) (footnote omitted).

2016Razavi v. Shackelford, 260 Ga. App. 603, 605-606 (2) ( 580 SE2d 253 ) (2003) (footnote omitted).

11
Remediation Services, Inc. v. Georgia-Pacific Corp.green
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., Remediation Svcs. v. Georgia-Pacific Corp., 209 Ga. App. 427 , 433- 434 (2) ( 433 SE2d 631 ) (contractor whose officer was a dual agent of both that contractor and the party hiring the contractor could pursue a quantum meruit claim against the hiring party when the contract was not void but “voidable only at the election of the defrauded [hiring party]”). 4 Specifically, a plaintiff asserting a claim for quantum meruit must provide evidence of (1) his performance as agent of services valuable to the defendants; (2) either at the request of the defendants or knowingly accepted by the

2016See, e.g., Remediation Svcs. v. Georgia-Pacific Corp., 209 Ga. App. 427 , 433- 434 (2) ( 433 SE2d 631 ) (contractor whose officer was a dual agent of both that contractor and the party hiring the contractor could pursue a quantum meruit claim against the hiring party when the contract was not void but “voidable only at the election of the defrauded [hiring party]”). 4 Specifically, a plaintiff asserting a claim for quantum meruit must provide evidence of (1) his performance as agent of services valuable to the defendants; (2) either at the request of the defendants or knowingly accepted by the

11
Harper v. City of East Pointgreen
gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2001–2001
2 sentences

2001A plaintiff asserting a claim of negligent retention must show the employer’s knowledge that an employee was likely to commit the particular tortious act that allegedly resulted in the plaintiff’s damages: “An employer’s liability for negligent hiring or retention of an employee requires proof that the employer knew or should have known of the employee’s propensity to engage in the conduct which caused the plaintiff’s injury. *64 Proof of such leaning must consist of evidence substantially related to the injury-causing conduct” (Punctuation and footnotes omitted; emphasis supplied.) Harper v.

2001A plaintiff asserting a claim of negligent retention must show the employer’s knowledge that an employee was likely to commit the particular tortious act that allegedly resulted in the plaintiff’s damages: “An employer’s liability for negligent hiring or retention of an employee requires proof that the employer knew or should have known of the employee’s propensity to engage in the conduct which caused the plaintiff’s injury. *64 Proof of such leaning must consist of evidence substantially related to the injury-causing conduct” (Punctuation and footnotes omitted; emphasis supplied.) Harper v.

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 (1)

CaseCitedYears
Thompson-El v. Bank of America, N.A. green
gactapp · 2014
2 sentences

2018"In Georgia, a plaintiff asserting a claim for wrongful foreclosure must establish a legal duty owed to it by the foreclosing party, a breach of that duty, a causal connection between the breach of that duty and the injury it sustained, and damages." Thompson-El v. Bank of America, N.A. , 327 Ga. App. 309 , 310 (2), 759 S.E.2d 49 (2014) (citation and punctuation omitted).

2018"In Georgia, a plaintiff asserting a claim for wrongful foreclosure must establish a legal duty owed to it by the foreclosing party, a breach of that duty, a causal connection between the breach of that duty and the injury it sustained, and damages." Thompson-El v. Bank of America, N.A. , 327 Ga. App. 309 , 310 (2), 759 S.E.2d 49 (2014) (citation and punctuation omitted).

12018–2018

Statutes the citing opinions construe

GA § 9-11-12 (8) GA § 23-2-114 (5) GA § 16-14-3 (3) GA § 16-14-4 (3) GA § 44-14-162 (3) GA § 44-14-162.2 (3) GA § 9-11-56 (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

TX 20 (1995–2024) NJ 11 (1989–2025) GA 11 (2001–2019) WA 11 (2004–2026) CA 10 (2014–2025) MI 10 (1986–2024) LA 9 (1986–2026) TN 8 (2000–2024) IL 7 (2002–2026) PA 6 (2011–2024) AZ 6 (2007–2017) DE 5 (2017–2021) MA 5 (1998–2025) CO 5 (1990–2025) CT 4 (2017–2025) MS 4 (1999–2024) NC 3 (2013–2026) OH 3 (2020–2023) NY 3 (2012–2017) HI 2 (2006–2013) UT 2 (2005–2021) OR 2 (2011–2011) VA 2 (2003–2024) AL 2 (1994–2024) MD 2 (1996–2010) RI 2 (1989–2002) ME 2 (2021–2021)

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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