typicality requirement (Georgia) · Go Syfert
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typicality requirement in Georgia

7 Georgia opinions name it 2 courts 2011–2025 1 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 (7)

CaseFollowedCited
Liberty Lending Services v. Canadagreen
gactapp · 2008 · cited in 4 Georgia opinions naming this issue, 2011–2018
2 sentences

2018"The typicality requirement under OCGA § 9-11-23 (a) is satisfied upon a showing that the defendant committed the same unlawful acts in the same method against an entire class." (Citation and punctuation omitted.) Liberty Lending Svcs. v. Canada , 293 Ga. App. 731 , 738 (1) (b), 668 S.E.2d 3 (2008) ; see also Kornberg v. Carnival Cruise Lines , 741 F.2d 1332 , 1337 (11th Cir. 1984) ("A sufficient nexus is established if the claims or defenses of the class and the class representatives arise from the same event or pattern or practice and are based on the same legal theory.") TMC contends that t

2018"The typicality requirement under OCGA § 9-11-23 (a) is satisfied upon a showing that the defendant committed the same unlawful acts in the same method against an entire class." (Citation and punctuation omitted.) Liberty Lending Svcs. v. Canada , 293 Ga. App. 731 , 738 (1) (b), 668 S.E.2d 3 (2008) ; see also Kornberg v. Carnival Cruise Lines , 741 F.2d 1332 , 1337 (11th Cir. 1984) ("A sufficient nexus is established if the claims or defenses of the class and the class representatives arise from the same event or pattern or practice and are based on the same legal theory.") TMC contends that t

44
Williams v. Mohawk Industries, Inc.green
ca11 · 2009 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025The typicality requirement is satisfied if “the claims or defenses of the class and the class representative arise from the same event or pattern or practice and are based on the same legal theory.” (Citation and punctuation omitted.) Williams, 568 F.3d at 1357 (III) (B); see OCGA § 9-11-23 (a) (3).

11
Brenntag Mid South, Inc. v. Smartgreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2025–2025
2 sentences

2025Put another way, “[a] class representative must possess the same interest and suffer the same injury as the class members.” (Citation and punctuation omitted.) Id.; Brenntag Mid South, 308 Ga. App. at 904 (2) (a) (iii) (“The typicality requirement under OCGA § 9-11-3 (a) is satisfied upon a showing that the defendant committed the same unlawful acts in the same method against an entire class.”) (citation and punctuation omitted).

2025Put another way, “[a] class representative must possess the same interest and suffer the same injury as the class members.” (Citation and punctuation omitted.) Id.; Brenntag Mid South, 308 Ga. App. at 904 (2) (a) (iii) (“The typicality requirement under OCGA § 9-11-3 (a) is satisfied upon a showing that the defendant committed the same unlawful acts in the same method against an entire class.”) (citation and punctuation omitted).

11
Jerry Miller v. Walt Disney World Co.green
ca11 · 2012 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019This test is not demanding and is satisfied “if the claims or defenses of the class and the class representative arise from the same event or pattern or practice and are based on the same legal theory.” (Citation and punctuation omitted.) Ault v. Walt Disney World Co., 692 F3d 1212, 1216 (III) (11th Cir. 2012).

11
Local 703, I.B. of T. Grocery and Food Employees Welfare Fund v. Regions Financial Corporationgreen
ca11 · 2014 · cited in 1 Georgia opinions naming this issue, 2019–2019
1 sentence

2019Grocery & Food Employees Welfare Fund v. Regions Financial Corp., 762 F3d 1248,1260 (V) (11th Cir. 2014) (“The typicality requirement may be satisfied despite substantial factual differences when there is a strong similarity of legal theories.”) (citation and punctuation omitted).

11
Albert Kornberg and Laura Kornberg v. Carnival Cruise Lines, Inc.green
ca11 · 1984 · cited in 1 Georgia opinions naming this issue, 2018–2018
1 sentence

2018"The typicality requirement under OCGA § 9-11-23 (a) is satisfied upon a showing that the defendant committed the same unlawful acts in the same method against an entire class." (Citation and punctuation omitted.) Liberty Lending Svcs. v. Canada , 293 Ga. App. 731 , 738 (1) (b), 668 S.E.2d 3 (2008) ; see also Kornberg v. Carnival Cruise Lines , 741 F.2d 1332 , 1337 (11th Cir. 1984) ("A sufficient nexus is established if the claims or defenses of the class and the class representatives arise from the same event or pattern or practice and are based on the same legal theory.") TMC contends that t

11
Vega v. T-MOBILE USA, INC.green
ca11 · 2009 · cited in 1 Georgia opinions naming this issue, 2011–2011
1 sentence

2011Thus, “typicality measures whether a sufficient nexus exists between the claims of the named representatives and those of the class at large.” (Citation and punctuation omitted.) Vega v. T-Mobile USA, 564 F3d 1256, 1275 (11th Cir. 2009).

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
In re Florida Cement & Concrete Antitrust Litigation green
flsd · 2012
2 sentences

2012In the very recent case of In re Fla. Cement and Concrete Antitrust Litigation, 278 F.R.D. 674 (2012), for example, the federal district court ruled that class representatives who had not suffered any actual "impact" from a defendant's alleged price-fixing conspiracy failed to satisfy the typicality requirement of Federal Rule 23.

2012Id. at 679-82 , at *4-5.

12012–2012

Statutes the citing opinions construe

GA § 9-11-23 (7)

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 38 (1989–2024) OH 33 (1990–2025) AR 25 (1995–2022) CA 22 (1985–2026) PA 22 (1981–2022) NY 16 (1993–2026) MA 12 (1985–2025) FL 11 (2002–2019) AL 9 (1996–2014) NJ 8 (2006–2026) KY 8 (2017–2024) WA 8 (1989–2021) GA 7 (2011–2025) LA 6 (2006–2022) MT 6 (2011–2016) CT 6 (1996–2018) OK 4 (1999–2010) TN 4 (2011–2022) IN 4 (1991–2024) MO 4 (2006–2021) MI 3 (2009–2013) WI 3 (2021–2025) MD 2 (2006–2007) CO 2 (2009–2012) AZ 2 (1974–1981) NM 2 (2004–2007) DC 2 (1982–1982) MN 2 (2002–2017) WV 2 (2016–2021)

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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