disqualification exception (Georgia) · Go Syfert
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disqualification exception in Georgia

6 Georgia opinions name it 2 courts 1993–2014 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 (3)

CaseFollowedCited
Condra v. Atlanta Orthopaedic Group P.C.green
gactapp · 2009 · cited in 3 Georgia opinions naming this issue, 2013–2014
2 sentences

2014“As [the Department] did not carry its burden of showing that [Chisholm] came within the disqualification exception, she is entitled under the law to unemployment compensation and the superior court erred in affirming the denial of benefits.” (Citation and punctuation omitted.) Davane, 300 Ga. App. at 478 .

2013And “[s]ince disqualification of benefits requires ‘deliberate, conscious fault’ by the employee, an employee’s bona fide effort to comply with an employer’s orders is not consistent with a finding of fault.” (Citation omitted.) Davane v. Thurmond, 300 Ga. App. 474, 477 ( 685 SE2d 446 ) (2009). 4 “As [Magnolia Manor] did not carry its burden of showing that [Case] came within the disqualification exception, she is entitled under the law to unemployment compensation and the superior court erred in affirming the denial of benefits.” (Citation and punctuation omitted.) Id. at 478 .

23
Fulton County School District v. Hershgreen
gactapp · 2013 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013See also Fulton County School Dist. v. Hersh, 320 Ga. App. 808, 813 (1) ( 740 SE2d 760 ) (2013).

2013See also Fulton County School Dist. v. Hersh, 320 Ga. App. 808, 813 (1) ( 740 SE2d 760 ) (2013).

22
Humphreys v. Stategreen
ga · 2010 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See Humphreys v. State, 287 Ga. 63, 71 (4), 694 S.E.2d 316 (2010) (holding that a juror's erroneous disqualification under OCGA § 15-12-163(b)(5) was not reversible error). (f) In light of our holding in Division 15, infra, we need not address Bryant's contention that the trial court erred in conducting the death qualification voir dire of the prospective jurors in panels eight through eleven, as any error here, which would only entitle Bryant to a new sentencing trial, is not likely to recur. 5.

2011See Humphreys v. State, 287 Ga. 63, 71 (4), 694 S.E.2d 316 (2010) (holding that a juror's erroneous disqualification under OCGA § 15-12-163(b)(5) was not reversible error). (f) In light of our holding in Division 15, infra, we need not address Bryant's contention that the trial court erred in conducting the death qualification voir dire of the prospective jurors in panels eight through eleven, as any error here, which would only entitle Bryant to a new sentencing trial, is not likely to recur. 5.

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 (3)

CaseCitedYears
Davane v. Thurmond green
gactapp · 2009
2 sentences

2013And “[s]ince disqualification of benefits requires ‘deliberate, conscious fault’ by the employee, an employee’s bona fide effort to comply with an employer’s orders is not consistent with a finding of fault.” (Citation omitted.) Davane v. Thurmond, 300 Ga. App. 474, 477 ( 685 SE2d 446 ) (2009). 4 “As [Magnolia Manor] did not carry its burden of showing that [Case] came within the disqualification exception, she is entitled under the law to unemployment compensation and the superior court erred in affirming the denial of benefits.” (Citation and punctuation omitted.) Id. at 478 .

2013And “[s]ince disqualification of benefits requires ‘deliberate, conscious fault’ by the employee, an employee’s bona fide effort to comply with an employer’s orders is not consistent with a finding of fault.” (Citation omitted.) Davane v. Thurmond, 300 Ga. App. 474, 477 ( 685 SE2d 446 ) (2009). 4 “As [Magnolia Manor] did not carry its burden of showing that [Case] came within the disqualification exception, she is entitled under the law to unemployment compensation and the superior court erred in affirming the denial of benefits.” (Citation and punctuation omitted.) Id. at 478 .

22013–2013
Barron v. Poythress green
gactapp · 1996
1 sentence

2009“As [the employer] did not carry its burden of showing that [Davane] came within the disqualification exception, she is entitled under the law to unemployment compensation and the superior court erred in affirming the denial of benefits.” (Citations omitted.) Barron, supra, 219 Ga. App. at 777 .

12009–2009
Blumenfeld v. Borenstein green
ga · 1981
2 sentences

1993In Blumenfeld v. Borenstein, 247 Ga. 406 ( 276 SE2d 607 ) (1981), the Supreme Court held it was improper to disqualify an attorney based solely on an appearance of impropriety, particularly when the appearance of impropriety resulted not from the attorney’s conduct but from his status as the spouse of an attorney affiliated with the opposing party. “[T]he right to counsel is an important interest which requires that any curtailment of the client’s right to counsel of choice be approached with great caution.

1993In Blumenfeld v. Borenstein, 247 Ga. 406 ( 276 SE2d 607 ) (1981), the Supreme Court held it was improper to disqualify an attorney based solely on an appearance of impropriety, particularly when the appearance of impropriety resulted not from the attorney’s conduct but from his status as the spouse of an attorney affiliated with the opposing party. “[T]he right to counsel is an important interest which requires that any curtailment of the client’s right to counsel of choice be approached with great caution.

11993–1993

Statutes the citing opinions construe

GA § 34-8-194 (4)

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 36 (1983–2025) CA 31 (1964–2026) NY 19 (1954–2025) FL 11 (1909–2026) CO 10 (1988–2025) DC 9 (1991–2022) MO 8 (1979–2022) NJ 8 (1950–2025) MT 7 (1962–2024) MI 6 (1961–2023) GA 6 (1993–2014) IL 6 (1930–2015) CT 6 (1986–2025) OH 6 (1990–2009) IA 5 (1995–2016) TN 5 (1999–2024) DE 5 (1925–2025) MD 4 (1995–2011) KS 4 (1982–2018) NV 3 (1996–2022) OR 3 (1977–2014) PA 3 (1960–2021) WI 3 (1981–2011) MA 3 (1965–1994) LA 3 (1974–1999) HI 2 (2000–2012) UT 2 (1991–2013) MN 2 (2009–2015) WV 2 (2002–2005) OK 2 (2013–2023) VA 2 (2010–2012) NE 2 (1990–2018)

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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