justiciable claim (Georgia) · Go Syfert
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justiciable claim in Georgia

5 Georgia opinions name it 2 courts 2013–2023 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 (3)

CaseFollowedCited
GeorgiaCarry.Org, Inc. v. The State of Georgiagreen
ca11 · 2012 · cited in 2 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., GeorgiaCarry.Org, Inc. v. Georgia, 687 F3d 1244, 1255, n. 20, 1261, n. 34 (11th Cir. 2012).

2015See, e.g., GeorgiaCarry.Org, Inc. v. Georgia, 687 F3d 1244, 1255, n. 20, 1261, n. 34 (11th Cir. 2012).

22
Penn-America Insurance v. Disabled American Veterans, Inc.green
gactapp · 1997 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013Co. v. Disabled American Veterans, 224 Ga. App. 557, 559 ( 481 SE2d 850 ) (1997).

2013Co. v. Disabled American Veterans, 224 Ga. App. 557, 559 ( 481 SE2d 850 ) (1997).

22
McKemie v. City of Griffingreen
ga · 2000 · cited in 1 Georgia opinions naming this issue, 2023–2023
2 sentences

2023A party is entitled to reasonable and necessary attorney fees and expenses of litigation under OCGA § 9-15-14 (a) when another party “has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position.” Here, an award of 11 attorney fees was not authorized under subsection (a) “because in granting the condemnation petition, the trial court implicitly acknowledged the existence of a justiciable claim.”

2023A party is entitled to reasonable and necessary attorney fees and expenses of litigation under OCGA § 9-15-14 (a) when another party “has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position.” Here, an award of 11 attorney fees was not authorized under subsection (a) “because in granting the condemnation petition, the trial court implicitly acknowledged the existence of a justiciable claim.”

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Where else courts name it

TX 106 (1998–2026) OH 59 (1984–2026) MO 23 (1968–2013) CT 11 (1991–2024) FL 10 (1937–2019) NM 10 (2002–2023) IL 9 (1978–2023) NY 9 (1982–2015) TN 9 (1997–2013) AL 8 (1978–2018) NC 7 (2005–2023) PA 7 (1976–2023) MS 7 (1987–2015) IN 6 (1971–2019) RI 5 (2005–2025) ME 5 (2005–2024) OR 5 (1997–2015) GA 5 (2013–2023) MI 5 (1994–2024) WA 4 (2010–2021) CA 4 (1968–2020) ID 3 (2017–2025) AZ 3 (1994–2024) LA 3 (2006–2008) DC 3 (1989–2005) KY 3 (1968–2025) MA 3 (1981–2003) CO 3 (1981–2013) MD 2 (2012–2020) AK 2 (1990–2021) IA 2 (1979–2012)

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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