294 Ga. App. 729 - Baylis v. Daryani’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]s a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injured person intends to assert a claim for abusive litigation and shall thereby give the person against whom an abusive litigation claim is contemplated an opportunity to voluntarily withdraw, abandon, discontinue, or dismiss the civil proceeding, claim, defense, motion, appeal, civil process, or other position. Such notice shall identify the civil proceeding, claim, defense, motion, appeal, civil process, or other position which the injured person claims constitutes abusive litigation. 8”

   2 later decisions quote this exact passage
   e.g. Jack F. Witcher v. Judy Boling · 346 Ga. App. 516 - Dunwoody Plaza Partners, LLC v. Jay Markowitz

2. “[t]he abusive litigation tort ... is in derogation of the common law, [it] must be strictly limited to the meaning of the language used ... and not extended beyond the plain and explicit statutory terms.”

   2 later decisions quote this exact passage
   e.g. 346 Ga. App. 516 - Dunwoody Plaza Partners, LLC v. Jay Markowitz · COEN v. APTEAN, INC. Et Al.

3. “An action or claim under this article requires the final termination of the proceeding in which the alleged abusive litigation occurred and must be brought within one year of the date of final termination.”

   1 later decision quote this exact passage
   e.g. COEN v. APTEAN, INC. Et Al.