Legal Opinion

Cotton States Mutual Insurance Company v. J.O. Anderson, Jr.

Court of Appeals for the Eleventh Circuit

Decided December 26, 1984No. 83-8418PublishedCited by 48 opinions

1Opinion of the Court

FAY, Circuit Judge:

This is an appeal from an adverse summary judgment ruling, in which the district court refused to declare O.C.G.A. § 33-34-5(b) (1982) (the Georgia No-Fault Act) unconstitutional on due process, equal protection and other constitutional grounds. We affirm. Although appellant’s argument is extremely persuasive, after full consideration, we conclude that we should not use the statute’s “tortured history” 1 of interpretation in the Georgia courts as a basis for holding it unconstitutional.

A. COLLATERAL ESTOPPEL

As an initial matter, we must dispose of the question, raised by…

2Cases cited37 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Montana v. United StatesSupreme Court of the United States · 1979
  5. City of New Orleans v. DukesSupreme Court of the United States · 1976

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3Cited by48 opinions

  1. Olsen v. J.A. Freeman Co.Idaho Supreme Court · 1990
  2. Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1990
  3. Aetna Casualty and Surety Company v. General Dynamics Corporation, Aetna Casualty and Surety Company v. General Dynamics CorporationCourt of Appeals for the Eighth Circuit · 1992
  4. Ronald Basil Hart, Jr. v. Yamaha-Parts Distributors, Inc., Yamaha International Corporation, Yamaha Motor CorporationCourt of Appeals for the Eleventh Circuit · 1986
  5. Mendenhall v. Barber-Greene Co.Court of Appeals for the Federal Circuit · 1994

43 more not listed; retrieve them via the Exa API.

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