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6 Georgia opinions name it 2 courts 1898–2022 2 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.
| Case | Followed | Cited |
|---|---|---|
Bullington v. Union Tool Corp.green2 sentences2022See Farmex Inc. v. Wainwright, 269 Ga. 548, 549-50 ( 501 SE2d 802 ) (1998) (declining to expand the application of the continuation doctrine in products-liability cases); Bullington, 254 Ga. at 284 (same). 1997In Bullington , the Supreme Court weighed the same arguments raised by the majority here and held that the continuation exception did not apply "[s]ince the new corporation never produced the product." (Emphasis supplied.) Id. at 285 , 328 S.E.2d 726 . | 1 | 2 |
Farmex Inc. v. Wainwrightgreen2 sentences2022See Farmex Inc. v. Wainwright, 269 Ga. 548, 549-50 ( 501 SE2d 802 ) (1998) (declining to expand the application of the continuation doctrine in products-liability cases); Bullington, 254 Ga. at 284 (same). 2022See Farmex Inc. v. Wainwright, 269 Ga. 548, 549-50 ( 501 SE2d 802 ) (1998) (declining to expand the application of the continuation doctrine in products-liability cases); Bullington, 254 Ga. at 284 (same). | 1 | 1 |
Hughes v. the Cornerstone Inspection Group, Inc.green2 sentences2022In adopting this 6 The wholesale adoption of orders prepared by counsel is “greatly disfavored.” Hughes v. Cornerstone Inspection Group, Inc., 336 Ga. App. 283, 284 (1) ( 784 SE2d 116 ) (2016). 14 other-factors approach, the trial court relied on In re Acme, 484 B.R. 475 , which reasoned that meeting the elements of the continuation doctrine “do[es] not end the inquiry” if “other factors establish[] that the successor liability doctrine should not apply based on equitable principles and the fundamental purposes of the doctrine.” Id. at 488 . 2022In adopting this 6 The wholesale adoption of orders prepared by counsel is “greatly disfavored.” Hughes v. Cornerstone Inspection Group, Inc., 336 Ga. App. 283, 284 (1) ( 784 SE2d 116 ) (2016). 14 other-factors approach, the trial court relied on In re Acme, 484 B.R. 475 , which reasoned that meeting the elements of the continuation doctrine “do[es] not end the inquiry” if “other factors establish[] that the successor liability doctrine should not apply based on equitable principles and the fundamental purposes of the doctrine.” Id. at 488 . | 1 | 1 |
Pet Care Professional Center, Inc. v. Bellsouth Advertising & Publishing Corp.green1 sentence2022See Wilson, 355 Ga. App. at 845-46 (3); Pet Care, 219 Ga. App. at 118 (1). (b) The identity-of-assets-and-objects element gets at whether the new company is running a business that just looks something like the old company’s business (not enough), as opposed to continuing to run the old’s company business. 11 See Dan J. | 1 | 1 |
Robert Lovett v. Walter S. Ray, Chairman, Georgia State Board of Pardons and Parolesgreen1 sentence2021“The critical distinction in the continuing violation analysis is whether the plaintiff complains of the present consequence of a one time violation, which does not extend the limitations period, or the continuation of that violation into the present, which does.” Lovett v. Ray, 327 F3d 1181, 1183 (11th Cir. 2003) (citation and punctuation omitted). | 1 | 1 |
Brown v. Georgia Board of Pardons & Parolesgreen1 sentence2020Appx. 129, 135 (II) (B) (3rd Cir. 2014) (citation and punctuation omitted). “[T]he critical distinction in the continuing violation analysis is whether the plaintiff complains of the present 6 consequence of a one time violation, which does not extend the limitations period, or the continuation of that violation into the present, which does.” Brown v. Ga. Bd. of Pardons & Paroles, 335 F3d. 1259, 1261 (II) (A) (11th Cir. 2003) (citation and punctuation omitted). | 1 | 1 |
James Cibula v. Foxgreen1 sentence2020For a declaratory judgment action, the appropriate statute of limitations depends on the nature of the substantive claims sought to be asserted.) (citations and punctuation omitted). 5 a continuing practice and the last act evidencing the continuing practice falls within the limitations period.”9 An analysis of whether an action constitutes a continuing violation “distinguishes between ‘the present consequence of a one[–]time violation, which does not extend the limitations period, and the continuation of the violation into the present, which does.’”10 Here, the defendants allegedly violated G | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Acme Security, Inc. v. CLN Properties, LLC ( In re Acme Security, Inc.)
green
2 sentences2022Embark is thus now the sole defendant in the case. 7 continuation doctrine, the court relied heavily on Acme Sec., Inc. v. CLN Props., LLC (In re Acme Sec., Inc.), a federal bankruptcy case in which the federal bankruptcy court declined to impose successor liability, even though the elements of the continuation doctrine were established under Georgia law, concluding that it would not serve the interests of equity under the circumstances. 484 B.R. 475 (Bankr. 2022In adopting this 6 The wholesale adoption of orders prepared by counsel is “greatly disfavored.” Hughes v. Cornerstone Inspection Group, Inc., 336 Ga. App. 283, 284 (1) ( 784 SE2d 116 ) (2016). 14 other-factors approach, the trial court relied on In re Acme, 484 B.R. 475 , which reasoned that meeting the elements of the continuation doctrine “do[es] not end the inquiry” if “other factors establish[] that the successor liability doctrine should not apply based on equitable principles and the fundamental purposes of the doctrine.” Id. at 488 . | 1 | 2022–2022 |
Nissan North America, Inc. v. Walker-Jones Nissan, LLC
neutral
1 sentence2022But federal bankruptcy court decisions are not binding on Georgia courts, see Nissan North America, Inc. v. Walker-Jones Nissan, LLC, 345 Ga. App. 447 , 455 (1) ( 812 SE2d 130 ) (2018), and In re Acme cited no Georgia cases for its novel approach. | 1 | 2022–2022 |
Melton v. Mayor of Moultrie
green
2 sentences1939No contract, express or implied, was ever by any power entered into with them guaranteeing a continuation of the privilege; and a refusal to continue such license, it matters not upon what grounds based, does not interfere with or violate any of their vested rights; there being in the charter of the municipality, giving it control over this matter, no restriction placed upon an exercise of its discretion and authority.” (Italics ours.) In Melton v. Moultrie, 114 Ga. 462 ( 40 S. E. 302 ), it was held: “It is within the power of the duly constituted authorities of any municipality, having by law 1939No contract, express or implied, was ever by any power entered into with them guaranteeing a continuation of the privilege; and a refusal to continue such license, it matters not upon what grounds based, does not interfere with or violate any of their vested rights; there being in the charter of the municipality, giving it control over this matter, no restriction placed upon an exercise of its discretion and authority.” (Italics ours.) In Melton v. Moultrie, 114 Ga. 462 ( 40 S. E. 302 ), it was held: “It is within the power of the duly constituted authorities of any municipality, having by law | 1 | 1939–1939 |
Ison v. Mayor of Griffin
green
1 sentence1898Ison v. Mayor and Council of Griffin, 98 Ga. 623 . | 1 | 1898–1898 |
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.