(Credit: Seth Michael/Adobe Stock) Ga. Supreme Court Rules Sovereign Immunity Waivers Invalid in Multidefendant Cases
As a consequence of this ruling, citizens who seek a binding, statewide declaratory judgment while also seeking emergency injunctive relief against a specific official will have to file two separate lawsuits even though they share the same questions of fact and law," said plaintiff-appellee attorney Tom Church.
March 16, 2023 at 05:40 PM
4 minute read
The Georgia Supreme Court has hit the brakes on sovereign immunity waivers, saying the claims are defective in cases with multiple defendants in a recent ruling in a case over a prosecutors' threat against makers of cannabinoids.
In an opinion by Justice Charlie Bethel released on Wednesday, the court came to a unanimous consensus that sovereign immunity waivers only apply to lawsuits brought exclusively against a single state entity. Because the underlying lawsuit in the case named a defendant for whom a sovereign immunity waiver wasn't provided, the Constitution requires the suit to be dismissed.
Justice Charles Bethel, Supreme Court of Georgia. (Photo: John Disney/ALM) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
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