Legal Opinion · Concurrence

BELLSOUTH TELECOMMUNICATIONS, LLC Et Al. v. COBB COUNTY Et Al.

Court of Appeals of Georgia

Decided June 15, 2017No. A17A0265Published

1ConcurrenceDillard, Presiding Judge

I concur fully with the majority’s holdings in Divisions 1 and 2 that the 9-1-1 Act does not provide the Counties with a private right of action, explicitly or otherwise, to enforce its provisions against telephone-service providers such as the Defendants but that the 9-1-1 Act, read in conjunction with OCGA § 51-1-6,14 provides the Counties with a potentially viable avenue for relief such that their complaints should not be dismissed at this early stage of the proceedings. Nevertheless, because litigants often seek to persuade this Court to recognize implied causes of action and to invoke…

2Cases cited48 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Gonzaga University v. DoeSupreme Court of the United States · 2002
  3. Alexander v. SandovalSupreme Court of the United States · 2001
  4. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  5. King v. BurwellSupreme Court of the United States · 2015

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