Biggest Georgia Rulings Of 2023: Midyear Report
Litigation attorney Andre Hendrick was quoted in the "Biggest Georgia Rulings Of 2023: Midyear Report" published by Law360 in regard to Georgia’s textualist interpretation of a 2020 provision of the Georgia Constitution that allows for a specific waiver of sovereign immunity to government entities. The amendment was highlighted in a case in which vape shops sought a declaratory judgment against the state saying that they could legally sell hemp-derived cannabinoid products. The case ended up being thrown out because it was filed in conjunction with a restraining order against the Gwinnett County District Attorney, who the court found was not protected under the state immunity waiver, which means charges and complaints against the DA would need to be filed separately from the motion for declaratory judgment from the state.
"It will be interesting to see how the body of case law continues to evolve around the interpretation and application of this constitutional amendment," Mr. Hendrick said when asked about the ruling.