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· 1/28/2010

Aqua Log, Inc. v. Georgia

Citations

  • 594 F.3d 1330
  • 2010 A.M.C. 2864
  • 2010 U.S. App. LEXIS 1934
  • 2010 WL 308972

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the Eleventh Amendment does not bar jurisdiction over a case where Georgia claimed to own logs sunk at the bottom of a river that were not within Georgia’s actual possession
  • “In Deep Sea Research, the Supreme Court reaffirmed the vitality of a series of cases dating back to the nineteenth century that hold a government can assert sovereign immunity in an in rem admiralty proceeding only when it is in possession of the res.”
  • constructive possession may be found based on ownership, dominion or control over the premises on which the res is located, or knowledge of the res, combined with the ability to maintain control over or to reduce it to physical possession, without actual personal dominion

Source: CourtListener parenthetical corpus (CC0).

Judges: Black, Wilson, Cox

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.