Legal Opinion · Dissent

Taylor v. Williams

Court of Appeals for the Eleventh Circuit

Decided May 23, 2008No. 07-10453Published

1DissentCox, Circuit Judge

My guess is that the Georgia Supreme Court would decide this case the same way today’s court decides it. The result is certainly equitable. A decision to certify a question of state law to the supreme court of that state is a discretionary one, Escareno v. Noltina Crucible & Refractory Corp., 139 F.3d 1456, 1461 (11th Cir.1998), but in my view a proper exercise of our discretion in this case requires certification. Aong the way to reaching the result the court reaches today it overrules sub silen-tio some Georgia precedent and decides an important question of Georgia law.

Today’s decision…

2Cases cited7 opinions

  1. Massaline v. WilliamsSupreme Court of Georgia · 2001
  2. Riley v. StateSupreme Court of Georgia · 2006
  3. Alejandro Escareno v. Noltina Crucible and Refractory Corporation, Carl Nolte Sohne GmbhCourt of Appeals for the Eleventh Circuit · 1998
  4. McCroskey v. StateCourt of Appeals of Georgia · 2008
  5. Rolland v. MartinSupreme Court of Georgia · 2006

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