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RTT Assocs. Inc. v. Georgia Dep't of Labor

Sovereign immunity barred the plaintiff's breach of contract action against a state agency, because the written contract between the parties had expired, the alleged amendment extending the contract was not in writing and the state agency thus did not waive its immunity.

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RTT Associates, Inc. brought this action in the Superior Court of Fulton County against the Georgia Department of Labor for breach of contract and breach of the implied covenants of good faith and fair dealing. In an earlier appeal, we reversed the trial court’s grant of summary judgment in the Department’s favor on the basis of sovereign immunity. RTT Associates, Inc. v. Georgia Dept. of Labor, 333 Ga. App. 173, 173-179 1 775 SE2d 644 2015. We also affirmed the trial court’s denial of RTT’s motion for judgment on the pleadings. Id. at 179-180 2.

The Supreme Court of Georgia granted the Department’s petition for a writ of certiorari to determine whether we erred in reversing the trial court’s order granting summary judgment in the Department’s favor. The Supreme Court found as a matter of law that RTT failed to meet its burden of showing a waiver of sovereign immunity and reversed. Georgia Dept. of Labor v. RTT Associates, Inc., _ Ga. _ 1, 2, 3 Case No. S15G1780, decided May 23, 2016. Accordingly, our decision in RTT Associates, Inc. v. Georgia Dept. of Labor, 333 Ga. App. at 173-179 1, is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

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