Lawyers for the plaintiffs in a high-stakes lawsuit against some of Georgia’s power cooperatives have asked that a retired federal judge be removed as special master because he lifted large chunks of the defendants’ legal writings in recommending the plaintiffs’ case be dismissed.
The plaintiffs are former customers of a few Georgia electrical membership corporations (EMCs), suing for what they claim is their share of the companies’ profits. In asking a DeKalb Superior Court judge to toss from the case retired Judge Stanley Birch of the U.S. Court of Appeals for the Eleventh Circuit, the plaintiffs’ lawyers say that more than 93 percent of the legal analysis found in a recent order by Birch is lifted verbatim from the defendants’ briefs. Some instances include the defendants’ typographical errors and page cross-references, they add.
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