fraudulent misrepresentation claim (Georgia) · Go Syfert
← Georgia issues

fraudulent misrepresentation claim in Georgia

5 Georgia opinions name it 2 courts 2003–2026 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 (4)

CaseFollowedCited
BMW of North America, Inc. v. Goregreen
scotus · 1996 · cited in 2 Georgia opinions naming this issue, 2013–2026
2 sentences

2026See also BMW of N. Am., Inc. v. Gore, 517 US 559 (1996) (after considering and applying various factors, holding the award of $2 million punitive damages for a fraudulent misrepresentation claim was grossly excessive for the compensatory damages award of $4,000 and transcended permissible constitutional limits). 22 Accordingly, we conclude that, under the peculiar circumstances of this matter, the punitive damages award violates the Due Process Clause of the Fourteenth Amendment.

2013Co. v. Campbell, 538 U. S. 408 ( 123 SCt 1513 , 155 LE2d 585) (2003) (holding a jury award of $145 million punitive damages for a claim that an insurance company engaged in bad faith conduct in its handling of the liability claim filed against its insured was grossly excessive for the compensatory damages award of $ 1 million and was thus reversed on the ground that it represented a grossly excessive or arbitrary punishment prohibited by the Due Process Clause of the Fourteenth Amendment of the United States Constitution); BMW of North America, Inc. v. Gore, 517 U. S. 559 ( 116 SCt 1589 , 134

12
Hardaway Co. v. Parsons, Brinckerhoff, Quade & Douglas, Inc.green
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Anderson v. Atlanta Committee for the Olympic Games, 261 Ga. App. 895, 900 ( 584 SE2d 16 ) (2003); Hardaway Co. v. Parsons, Brinckerhoff Quade & Douglas, Inc., 267 Ga. 424, 426 ( 479 SE2d 727 ) (1997).

2011Anderson v. Atlanta Committee for the Olympic Games, 261 Ga. App. 895, 900 ( 584 SE2d 16 ) (2003); Hardaway Co. v. Parsons, Brinckerhoff Quade & Douglas, Inc., 267 Ga. 424, 426 ( 479 SE2d 727 ) (1997).

11
Anderson v. Atlanta Committee for the Olympic Games, Inc.green
gactapp · 2003 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Anderson v. Atlanta Committee for the Olympic Games, 261 Ga. App. 895, 900 ( 584 SE2d 16 ) (2003); Hardaway Co. v. Parsons, Brinckerhoff Quade & Douglas, Inc., 267 Ga. 424, 426 ( 479 SE2d 727 ) (1997).

2011Anderson v. Atlanta Committee for the Olympic Games, 261 Ga. App. 895, 900 ( 584 SE2d 16 ) (2003); Hardaway Co. v. Parsons, Brinckerhoff Quade & Douglas, Inc., 267 Ga. 424, 426 ( 479 SE2d 727 ) (1997).

11
Kissun v. Humana, Inc.green
ga · 1997 · cited in 1 Georgia opinions naming this issue, 2003–2003
2 sentences

2003The jury found in favor of the defendants on that claim. 5 OCGA § 10-6-1. 6 Kissun v. Humana, Inc., 267 Ga. 419, 420 ( 479 SE2d 751 ) (1997). 7 242 Ga. 362 ( 249 SE2d 51 ) (1978). 8 See id. at 366 (2). 9 Id. at 366 . 10 Id. 11 See id. at 365-366 . 12 See id. at 366 . 13 Id. at 365-366 . 14 See id. 15 See id. 16 Multi-State Contracting Corp. v. Midwest Indem.

2003The jury found in favor of the defendants on that claim. 5 OCGA § 10-6-1. 6 Kissun v. Humana, Inc., 267 Ga. 419, 420 ( 479 SE2d 751 ) (1997). 7 242 Ga. 362 ( 249 SE2d 51 ) (1978). 8 See id. at 366 (2). 9 Id. at 366 . 10 Id. 11 See id. at 365-366 . 12 See id. at 366 . 13 Id. at 365-366 . 14 See id. 15 See id. 16 Multi-State Contracting Corp. v. Midwest Indem.

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 (4)

CaseCitedYears
City Dodge, Inc. v. Gardner green
ga · 1974
1 sentence

2020In response to the seller’s argument that these clauses precluded the buyer’s fraudulent misrepresentation claim, the Supreme Court held that “the question of reliance on the alleged fraudulent misrepresentation in tort cases cannot be determined by the provisions of the contract sought to be rescinded but must be determined as a question of fact by the jury.” Id. at 770 .

12020–2020
State Farm Mutual Automobile Insurance v. Campbell green
scotus · 2003
2 sentences

2013Co. v. Campbell, 538 U. S. 408 ( 123 SCt 1513 , 155 LE2d 585) (2003) (holding a jury award of $145 million punitive damages for a claim that an insurance company engaged in bad faith conduct in its handling of the liability claim filed against its insured was grossly excessive for the compensatory damages award of $ 1 million and was thus reversed on the ground that it represented a grossly excessive or arbitrary punishment prohibited by the Due Process Clause of the Fourteenth Amendment of the United States Constitution); BMW of North America, Inc. v. Gore, 517 U. S. 559 ( 116 SCt 1589 , 134

2013Co. v. Campbell, 538 U. S. 408 ( 123 SCt 1513 , 155 LE2d 585) (2003) (holding a jury award of $145 million punitive damages for a claim that an insurance company engaged in bad faith conduct in its handling of the liability claim filed against its insured was grossly excessive for the compensatory damages award of $ 1 million and was thus reversed on the ground that it represented a grossly excessive or arbitrary punishment prohibited by the Due Process Clause of the Fourteenth Amendment of the United States Constitution); BMW of North America, Inc. v. Gore, 517 U. S. 559 ( 116 SCt 1589 , 134

12013–2013
Paul v. Destito green
gactapp · 2001
2 sentences

2003J., and Miller, J., concur. 1 Massey’s alleged liability and debt in this action were discharged by the bankruptcy court on February 7, 2002. 2 See Paul v. Destito, 250 Ga. App. 631 ( 550 SE2d 739 ) (2001). 3 (Punctuation omitted.) Id. 4 The Daileys also asserted a fraudulent misrepresentation claim against Fountainhead and Chateau Elan Realty, but apparently did not base the claim on agency principles.

2003J., and Miller, J., concur. 1 Massey’s alleged liability and debt in this action were discharged by the bankruptcy court on February 7, 2002. 2 See Paul v. Destito, 250 Ga. App. 631 ( 550 SE2d 739 ) (2001). 3 (Punctuation omitted.) Id. 4 The Daileys also asserted a fraudulent misrepresentation claim against Fountainhead and Chateau Elan Realty, but apparently did not base the claim on agency principles.

12003–2003
Kingsberry Homes v. Findley green
ga · 1978
2 sentences

2003The jury found in favor of the defendants on that claim. 5 OCGA § 10-6-1. 6 Kissun v. Humana, Inc., 267 Ga. 419, 420 ( 479 SE2d 751 ) (1997). 7 242 Ga. 362 ( 249 SE2d 51 ) (1978). 8 See id. at 366 (2). 9 Id. at 366 . 10 Id. 11 See id. at 365-366 . 12 See id. at 366 . 13 Id. at 365-366 . 14 See id. 15 See id. 16 Multi-State Contracting Corp. v. Midwest Indem.

2003The jury found in favor of the defendants on that claim. 5 OCGA § 10-6-1. 6 Kissun v. Humana, Inc., 267 Ga. 419, 420 ( 479 SE2d 751 ) (1997). 7 242 Ga. 362 ( 249 SE2d 51 ) (1978). 8 See id. at 366 (2). 9 Id. at 366 . 10 Id. 11 See id. at 365-366 . 12 See id. at 366 . 13 Id. at 365-366 . 14 See id. 15 See id. 16 Multi-State Contracting Corp. v. Midwest Indem.

12003–2003

Where else courts name it

MO 20 (1993–2024) AL 17 (1983–2014) IL 15 (1998–2026) NE 13 (2003–2026) TX 12 (1995–2025) OH 9 (2006–2025) CT 9 (1992–2011) MI 8 (2015–2024) NY 8 (1992–2025) PA 8 (1997–2025) IA 8 (2009–2024) FL 8 (1990–2021) CA 6 (2008–2026) NV 5 (2014–2019) ME 5 (2002–2019) GA 5 (2003–2026) OR 4 (1995–2013) KS 4 (2004–2022) MN 4 (1985–2026) NJ 3 (2017–2025) MT 3 (2010–2017) NC 3 (1989–2020) UT 3 (1990–2010) MS 3 (2012–2020) MA 2 (1984–2012) NM 2 (2002–2014) DC 2 (2014–2018) SD 2 (2018–2018)

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.

← Caselaw search · G Cite Topics · Brief Check