Legal Opinion · Dissent

American Medical Security, Inc. v. Parker

Supreme Court of Georgia

Decided March 31, 2005No. S04A1995, S04A2010Published

1DissentHunstein, Justice

The majority erroneously holds that appellees must be members of the Alabama class in order to have “standing” to seek the injunctive relief granted by the trial court. In so holding the majority muddles the standing required of a party to intervene in a class action with a party’s right to obtain equitable relief for protection against imminent and irreparable harm. To the extent the majority’s “standing” requirement is just a misstatement of the rule that only those persons who may be injured by an act may seek to enjoin that act, the majority *210is wrong that appellees have not shown the…

2Cases cited12 opinions

  1. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  2. Pope v. Atlantic Coast Line RailroadSupreme Court of the United States · 1953
  3. Morton v. GardnerSupreme Court of Georgia · 1979
  4. Tennessee Farmers Mutual Insurance v. WheelerCourt of Appeals of Georgia · 1984
  5. Ferrell v. WightSupreme Court of Georgia · 1938

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API