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· 7/11/2008

EarthLink, Inc. v. Eaves

Citations

  • 666 S.E.2d 420
  • 293 Ga. App. 75
  • 2008 Fulton County D. Rep. 2703
  • 2008 Ga. App. LEXIS 845

How courts have described this case

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

  • applying abuse of discretion standard of review to amendment to add counterclaim
  • “[Blecause OCGA § 9-11-23 is similar to Federal Rule of Civil Procedure 23, Georgia courts look to federal authority when construing our statute.” (citation omitted)
  • “Under Georgia law, a case may proceed as a class action if all prerequisites of OCGA § 9-11-23 (a) are satisfied: numerosity, commonality, typicality, and adequacy[.]”
  • “Under Georgia law, a case may proceed as a class action if all prerequisites of OCGA § 9-11-23 (a) are satisfied: numerosity, commonality, typicality, and adequacy[.]”
  • class action suit alleging claims of breach of contract and unjust enrichment
  • “[T]here is simply no need to burden either the court system or the individual class members by requiring each member of the class to pursue his or her own action to recover a relatively small amount of damages.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Johnson, Barnes, Phipps

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.