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126 Cards in this Set

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What is general jurisdiction?

What is specific jurisdiction?
General jurisdiction - Statutory basis for asserting personal jurisdiction in GA NEED NOT RELATE to events giving rise to the claim.

Specific jurisdiction - Statutory basis for asserting jurisdiction in GA MUST RELATE to the events giving rise to the claim.
What are the ways that a court can assert personal jurisdiction over a defendant in GA?
(1) presence in GA when served with process (presence gives general jurisdiction)

(2) D has a Domicile in GA when served with process (general jurisdiction)

(3) Incorporated in GA or Authorized to transact business in GA. (general jurisdiction)

(4) Consent - D consents to personal jurisdiction by contract (enforceable if not the product of overreaching) or by failing to make a timely objection. (general jurisdiction)

(5) GA long arm statute (Specific Jurisdiction)
Who can be sued under the GA Long Arm Statute?
The Long Arm Statute is only available to sue nonresidents of GA.
What constitutes a nonresident for purposes of the GA Long Arm Statute?
A nonresident is a person who (1) was not a resident when the cause of action arose or

(2) if a resident at that time, was not a resident when served with process.
What contacts trigger jurisdiction under the GA Long Arm Statute?
(1) Transacts any business in GA.

(2) Commits a tortious act or omission (except defamation) in GA (under this prong, both the tortious conduct and tortious injury must occur in GA).

(3) Commits a tortious act or omission out of state that injures plaintiff in GA (but this contact basis is permitted ONLY if the defendant engages in some persistent course of conduct in GA or derives substantial revenues from goods consumed in GA).

(4) Owns, uses or possess real property in GA.

(5) Domestic relations - If D had a matrimonial domicile in GA when the case is filed or resided in GA before commencement of the case, then D can be sued in GA for alimony, child support, or division of property in divorce.
What is the GA Nonresident Motorist Act?
This statute, only available to sue nonresidents of GA, gives only specific jurisdiction for claims arising from "any accident or collision" involving the nonresident's USE OR OWNERSHIP of a motor vehicle in GA.

Nonresident for this statute: includes someone who was not a resident when the claim arose, but not someone who was a GA resident when the claim arose but was not a resident when the claim was filed (in this case, use long arm statute here).
If there is a statutory basis for asserting jurisdiction over a defendant, what other requirement must be met in order for the GA court to have jurisdiction to hear the case?
The exercise of jurisdiction over the defendant must satisfy the US Constitutional standard for due process.

Test: Does D have "such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice." (International Shoe; Burger King)
What are the factors in minimum contact analysis?
1. Minimum Contact (some tie between D and the forum)
(a) purposeful availment - contact must result from purposeful, voluntary act toward the forum
(b) foreseeability - making it foreseeable that D could get sued in this forum.

(2) Fairness and Reasonableness
(a) relatedness between this contact and the claim.
(b) convenience - forum usually OK unless so gravely inconvenient that D is at a severe disadvantage in litigation.
(c) State's interest

My Parents Frequently Forgot to Read Children's Stories.
What is in rem jurisdiction? Quasi in rem jurisdiction?
Here, the state exercises power not over the person, but over the D's property.

In rem jurisdiction includes civil status (i.e. divorce or adoption)
What is the constitutional Test for exercising in rem or quasi in rem jurisdiction?
Shaffer v. Heitner: All exercises of jurisdiction, even in rem and quasi in rem, must satisfy International Shoe's minimum contacts test.

Today, the property would be treated as a contact and constitutionality would depend on whether the dispute is related to the property attached.
What is subject matter jurisdiction?
Defines what types of cases that can be brought in a given court.
What types of cases does a GA Superior Court have exclusive jurisdiction over?
(1) Divorce

(2) Suits seeking affirmative equitable relief (does not include affirmative defenses)

(3) Cases directly affecting title to land

(4) Felony criminal cases
What types of cases can a GA State court hear?
All, except the four that lie exclusively in the Superior Court.

State court can hear a case where an equitable defense is raised (ex: duress, fraud), but not where one of the claims is seeking affirmative relief (ex: reformation of a contract).
What types of cases can a Magistrate court hear?
Anything that the State Court can hear in which the amount in controversy does not exceed $15,000.

Exception to $15k amount: may hear dispossessory and distress warrant proceedings without regard to the amount in controversy.

Civil Practice Act does not apply.

No jury trials in Magistrate Court.
What is the compulsory counter claim rule for magistrate courts?
A defendant MUST ASSERT a counterclaim if it arises out of the same transaction or occurrence as the P's claim and it does not require the joining of a party over whom the court cannot acquire jurisdiction, even if the counter claim exceeds the $15,000 cap for Magistrate Court cases.
What happens to a case in Magistrate Court if the counterclaim asserted exceeds the $15,000 cap?
The ENTIRE case will be transferred to the State or Superior Court.
What happens in GA if a case is filed in the wrong court?
It will be transferred to the proper court.
What is a local action for venue purposes?

Where does venue lie for these types of cases?
A local action involves title to land, including cases seeking a decree of title and writ of possession and ejectment.

Venue must be laid in the county where the land (or any part thereof) lies.

P must be asserting her own title to realty at law, and not relying on equity to perfect her title (An action about a lease is not local).
What is a transitory action for venue purposes
All actions that are not considered local actions.
Where does venue lie for a transitory action?
Suit must be tried in the county in which the defendant resides at the time the action is commenced. This is enshrined in the GA Constitution.
Where does venue lie where there are multiple defendants who are alleged to be jointly liable?
Venue lies in any country where any one of them resides when the case is filed.

Note: This exception does not apply if any of the defendants is not a GA resident.
What are the exceptions to the general rule that venue lies in the county where the D resides?
(1) multiple defendants who are jointly liable

(2) Makers and endorsers of notes - If the case is against both the maker and the endorser of the note, and both reside in GA, venue may be laid in the count where the maker resides.

(3) Affirmative equitable relief: If all Ds are GA residents, venue lies in the county in which a D against whom "substantial relief is sought" resides.

(4) Divorce and alimony: If D is a GA resident, venue can be laid here D resides. if D is a nonresident, venue can be laid where the P resides. What about an uncontested divorce? The resident D can consent to venue in the county where the P resides.
What is vanishing venue?
Where two or more Ds are joined in a suit together and venue is laid in the county of residence one of the Ds, and that resident D is dismissed from the cases, the case can be transferred to another court where venue is proper b.c the original court list venue.
Can a non-resident defendant transfer venue even after a verdict, where all resident Ds were discharged from liability?
Yes. Vanishing venue applies, and the case would be retried in a court where venue is proper.
In what county or counties is an unincorporated association deemed to reside in?
In all counties in which it does business or has a branch or a local organization.
Generally, where does a corporation reside (both domestic and foreign)?
Registered office - corp. always resides in the county in which it has its registered office as stated in the articles or incorporation.
Where is a corporation deemed to reside in contracts cases?
A corporation ALSO resides in any county where the contract was made or to be performed, but only if the corporation has an office and transacts business in that county.
Where does a corporation reside in torts (damages) cases?
Option #1: In the county were the claim arose BUT ONLY IF the corporation has an office there and transacts business there.

Option #2: In the county where the claim arose but without the added requirements of having an office and transacting business in that county.
Where does venue lie for transitory actions when the D is a nonresident?
(1) If nonresident D is served in GA: Venue can lay in the county where service was made.

(2) Under the Long Arm Statute: If the nonresident is brought in under this statute, venue is laid in any county where a substantial part of the claim arose. If one or more Ds is a GA resident, venue is laid in the county where the GA co-defendant resides.

(3) Nonresident Motorist Act - In either (a) the county where the accident occurred; or (b) in the county where P resides. If one or more Ds is a GA resident, venue is laid in the county where the GA co-defendant resides.
If a third party D is implead into an exiting suit, can he object to venue?
No. The third party D cannot object to venue relating to the third party claim. Venue is only assessed as to the primary claim. This gives venue over the third party claim.
What happens to the third party claim if the court loses venue over the primary claim?
The court loses venue over the claim against the third party defendant.
What happens to a case if a court cannot find an impartial jury in the county where the case is pending?
The court can order that the case be transferred to another venue. the court will transfer such a case to any county on which the parties agree. if they do not agree, the court will choose a county.
What is the doctrine of Forum Non Conveniens?
If a GA court finds that in the interest of justice for the convenience of the parties and witnesses an action would be more properly held in a forum outside GA or in a different county of proper venue within GA, the court SHALL decline to adjudicate the matter.
What are the factors a court considers in determining whether to grant a motion to transfer a case under the doctrine of Forum Non Conveniens?
(1) relative ease of access to sources of proof;
(2) availability and cost of compulsory process for attendance of unwilling witness;
(c) possibility of viewing of the premises, if viewing would be appropriate to the action;
(d) unnecessary expense or trouble to the defendant;
(e) administrative difficulties for the forum courts
(f) existence of local interests in deciding the case locally; and
(g) the traditional deference given to a plaintiff's choice of forum
What happens when a more convenient forum lies outside of GA?
The court must dismiss the action, but not until the D stipulates to waive ANY STATUTE OF LIMITATIONS DEFENSE in the new forum.
What happens if a more convenient forum lies within GA?
The court must transfer the action to the more convenient GA county.
Who may serve process in GA?
Service must be made by
(1) the sheriff or marshal or deputy or
(2) a civilian nonparty who is at least age 18 and who is appointed by the court, or
(3) such a civilian appointed by the court as a permanent process server.
Can a P still serve a D if the action has been filed before the SOL expires?
Yes. P has a reasonable time after the expiration of the SOL to affect service. Service will be deemed to relate back to the timely filed complaint, as long as the service was made with diligence within a reasonable period of time.
If a complaint is filed within the SOL, when must service be completed by?
Service must be by the expiration of the SOL. There are no consequences for delay in effecting service (other than the equitable doctrine of laches).
How can a D be served under the Georgia Civil Practice Act?
(1) personal service

(b) by leaving process at the D's usual abode with a person of suitable age and discretion who resides therein (substituted service), or by

(c) serving the D's authorized agent.
Can A D waive service by mail?

If so, what are the consequences of doing so or not doing so?
Yes. P must notify the D of the action by sending a copy of the complaint via first class mail along with a form asking D to waive service of summons.

D must submit the work within 30 days of receipt. A D who does this has 60 days after the date of sending the waiver request to submit an answer. If a D does not comply with waiver, they must be served properly, but will bear the costs of service.
How can a corporation be served under GA law?
Service upon

(1) registered agent;

(2) president or other officer, secretary or cashier;

(3) managing agent;
Other agent (one whose job shows she represents the corporation in come other way).
If a P cannot serve any of the corporations' agents, how can he serve the corporation?
P may serve the corporation by

(1) delivering a copy of the summons adn complaint to the GA Secretary fo State,

(2) sertifying by affidavit that service on a corporate aent could nto be effected, and

(3) forwarding the service of process by registered mail to the last known registered office or agent listed with the Secretary of State.

Also, if these is a last known address outside GA, the summons and complaint should be sent by registered/certified mail to this out-of-state address.

Alternative way to serve: Serve the corporation by registered or certified mail, return receipt requested, addressed to the CEO or secretary of the corporation at its principle office. Copies of the service documents must also be served on the Secretary of State.
How are unincorporated associations (including partnerships) served?
Serve agent or partner in GA.
How are minors served?
Serve the minor personally and his parent or general guardian or guardian ad litem.
How are out of state Ds served?
91) GA domiciliary personally served out of state - Serve personally where found. Need court order based upon affidavit.

(2) Under long arm statute - Can serve out of state in any method permitted by GA law, but only someone authorized to serve process in that forum state or through a duly licensed attorney in that state can serve process.
Is service by publication ever appropriate in GA?

If so, when?
Rarely. Only as a last resort. Need a court order based upon the P's affidavit that D cannot be found in GA. Usually applies in in rem or quasi in rem actions, but also applicable when D is a GA resident concealing himself to avoid service.
What is return of service?
The person serving process must file proof of service (called a "return") promptly after service (no later than the time in which D has to respond).

Failure to file the return does not affect validity of service.
What type of pleading is required in GA?
Notice pleading. The complaint must state why subject matter jurisdiction is proper, contain a short and plain statement of claim showing pleader is entitled to relief and to demand for judgment, as well as allege facts alleging the basis of venue.
What must P do to file a professional malpractice claim against a D?
P must file with her complaint an expert's affidavit setting forth with specificity at least on negligent act/omission and the facts on which the claim is based.
What happens if a P fails to file the appropriate expert affidavit in a professional malpractice claim?
The complaint is subject to dismissal for failure to state a claim. Defect generally cannot be cured by amendment, or by voluntarily dismissing the action and refiling it under GA's renewal statute after the SOL expires, UNLESS the court finds that P in fact had the affidavit in proper time but failed to file it due to a mistake.
What happens if a P files a defective affidavit in a professional malpractice claim?
The case will be dismissed if D raises the defect with specificity by motion to dismiss filed with her responsive pleading.

However, P can cure the defect by amendment within 30 days of D's motion.
What happens if P's attorney is not retained until shortly before the SOL is about to run on a professional malpractice claim, and the attorney does not have efficient time to obtain the necessary expert affidavit?
If:

(1) The complaint is filed within 10 days of the filing of the complaint

(2) P alleges that an expert cannto be procured within the available time period, and

(3) P's attorney files an affidavit stating that he was not retained more than 90 days before the tolling of the SOL

The courts will permit the attorney to file the affidavit after the tolling of the SOL.
IS a general denial to the allegations in a complain permissible in GA?
Yes.
What are verified pleadings?
Pleadings that are made under oath. These can serve as evidence for summary judgment adjudication.
What does state Section 11 of the Civil Practice Act require?
This applies only to pleadings and requires the attorney to certify only that she has read the document and that it is not interposed for delay.
What are the penalties of a party engages in abusive litigation?
OCGA 9-145-14 states that a litigant in Superior or State Court (not Magistrate Court) may recover reasonable costs of litigation, including attorney's fees, if the other side took a position as to which there was a "complete absence of any justifiable issue of law or fact" such that a reasonable person could not believe the court would accept it.

Sanctions are available against the party or lawyer or both.

Motion for sanctions can be brought during the case or within 45 days of final adjudication.
When must a D respond to P's complaint?
GA CPA gives 30 days for a response.

In GA, the response must be an answer. Answer must be filed within 30 days, no matter what (even if D has filed a Rule 12 motion).
Is a P required to respond to a counterclaim or cross-claim asserted against it?
No, not unless the court orders a response.
When is a party allowed to amend their pleadings?
Any party has a right to amend before the pretrial conference order is entered. If there is no such order, the parties have the right to amend up until the start of trial.
When will an amendment that changes the parties to the suit relate back to the original filing date?
An Amendment changing a D after the SOL runs will relate back if:

(a) the amendment concerns the same conduct, transaction or occurrence as the original pleading;

(b) the new party received notice of the action before the tolling of the SOL that she will not be prejudiced in maintaining a defense; and

(c) the new party knew or should have known that but for a mistake, it would have been named as a defendant originally.
Is a D required to respond to an amended pleading?
No, unless the court orders.
Who may bring or defend an action by or against a minor or incompetent?
The minor or incompetent's representative. If the minor or incompetent has no such representative, then they should bring the suit in their name and states that it is brought by "his next of friend."
If a minor or incompetent is litigating has has no representative, what must the court do?
Appoint a guardian ad litem. Case law will excuse the court's failure to appoint a guardian ad litem if the failure caused no harm.
How can P reach the assets of the members of an unincorporated association?
If P sues the association, he can reach its assets to satisfy the judgment. TO reach assets of members, P must sue them as well.
When does the SOL start to run in GA?
From the "accrual" of the claim. This means from the point at which the P could sue and recover (even if the P does not know about the accrual).
When does the SOL start to run for bodily injury cases where the injury develops over an extended period of time?
The SOL period does not begin until the P discovered or should have discovered the defect.

GA RULE called "Discovery Rule"
What is the SOL for personal injury actions?
2 years from the injury of death.
What is the SOL period for damage to reputation actions?
1 year from the defamatory action.
What is the SOL period for damage to personal property actions?
4 years.
What is the SOL period for damage to realty (including trespass)?
4 years.
What is the SOL period for medical malpractice actions?
Two years from the injury (limitations), but never more than 5 years from the negligence ("ultimate repose").
What is the SOL period for written contract actions?
6 years from when they become due and payable.

If contract is under seal, 20 years from when they become due and payable.
What is the SOL period for contracts for the sale of goods?
4 years.

A contract can lower the SoL to a period not less than 1 year.
What is the SOL period for oral or implied contract actions?
4 years.
What is the SOL period for deficiencies in improvements to real property?

This is an action against any person (such as an architect, engineer, or contractor) for a deficiency in design, supervision or construction of an improvement to real property or a deficiency in preparing a land survey or play.
8 years from substantial completion.

Note: This is really like a statute of repose. SOL for the underlying claim still applies.

Note: Limitations period will extend 2 years from the date of injury if injury occurs in the 7th or 8th year from substantial completion, but never will reach beyond a total of 10 years.
How does a D raise statute of limitations defense?
You allege it as an affirmative defense in your answer.
What does "tolling" the SOL mean?
To "toll" the statute means to stop it from running.
What tolls the SOL?
(a) filing the complaint tolls the statute if process is serve din a timely fashion.

(b) Minority (under 18 years of age) tolls SOL except in medical malpractice. However, if a child is 5 or older when a medical malpractice claim accrues, regular rules apply.
In GA, are cross-claims mandatory or permissive?
Cross-claims are treated as compulsory by the Ga courts.
What is the current state of joint and several liability for tort claims in GA?
Under the 2005 GA Tort Reform legislation, statutory changes could be interpreted to abolish joint and several liability. If these changes are interpreted this way, they will have the effect of negating the need for contribution among joint tortfeasors. Thus, damages would be apportioned in accordance with each defendant's share of fault, regardless of whether the party had been joined to the action.
What are the requirements of a valid class action suit in GA?
(1) Class must be certifiable;

(2) The action must be maintainable as a class action
In a class action suit, what does it mean for the class to be considered certifiable?
(a) numerosity - class members so numerous that joinder is impracticable

(b) commonality - questions of law and fact common to the class

(c) typicality - class representative's claim is typical of those of the rest of the class

(d) adequate representation - class rep can adequately protect the interests of members of the class.
In a class action suit, what does it mean for an action to be maintainable as a class action?
(1) There is a risk of conflicting results that subjects the party opposing the class to inconsistent obligations or;

(b) The party opposing the class has acted or refused to act on grounds common to the class making class-wide injunctive relief appropriate; or

(c) There are questions of law and fact common to the class that predominate over questions affecting class members individually.
In a class action suit, who is bound by the judgment?
All class members who do not opt out.
Are interlocutory appeals permissible in a class action suit?
Yes. The 2003 Amendment expressly permits discretionary interlocutory appeal.
Does the GA Civil Practice Act have and mandatory discovery disclosure provisions?
No.
What is the limit on the number of interrogatories can a arty can serve on an opposing party under GA law?
50.
Upon whom are requests for production served upon under GA law?

Is a subpeona necessary?
Requests for production can be served on both parties and nonparties.

Unlike federal law, however, you do not need to serve a subpoena on the nonparty. The notice to produce is sufficient.

If a request to produce is sent to a hospital or health care provider, seeking discovery of medical records of a nonparty, that nonparty must be given notice of the request.
Who is permitted to conduct a physical and mental examination under GA law?
GA law permits a physical examination by a physician, or a mental examination by a physician or a licensed psychologist.
What experts must a party disclosed after being asked via interrogaroties?
Party responding to the interrogatory must identify any experts she has retained in anticipation of litigation AND whom she expects to testify at trial, and must give the substance of the expert's facts and grounds for her opinions.

If the expert is a non-testifying expert, the party is not required to disclose this expert, unless there is an exceptional need (ex: only one expert in this field)
What is the limit on the number of depositions imposed by GA law?
None. There is no limit.
When can a case be voluntarily dismissed?
(1) before the first witness is sworn at trial; or

(2) by stipulation signed by all parties.
If a P voluntarily dismisses his case, what is the status of the SOL?
P can refile in state or federal court (if there is federal subject matter jurisdiction) within 6 months or the limitations period, whichever is longer.
What is the rule under the GA Renewal Statute (OCGA 9-1-62)?
When a case is dismissed WITHOUT PREJUDICE (no adjudication on the merits), the P may refile the action within the unexpired limitations period, or within 6 months of dismissal.
If a counterclaim is pending against the P, can the P take a voluntary dismissal?
No, unless the D agrees, or the counterclaim is capable of remaining for independent adjudication.
When can a court dismiss a case (an involuntary dismissal)?
(1) when P has failed to prosecute the case with proper diligence (not a dismissal with prejudice) or

(2) when P has failed to comply with the CPA or court order.
When is a case automatically dismissed?
If no written order is filed in a case for 5 years, the case is automatically dismissed with costs taxed to the P.

P can refile within 6 months of dismissal and the case is on the same footing as original for SOL.
Can the parties avoid the 5-year automatic dismissal rule by waiver of stipulation?
No.
When does a case go into default?
When D has been properly served and does nothing within 30 days (no stipulated or court ordered extension has been granted).
What happens immediately after a case goes into default?
D gets an automatic grace period of 15 days. D can move to reopen the case as a matter of right, and must pay the court costs to do so.
Can a D have the default set aside, even if a case is in default and D has done nothing within the 15-day grace period?

On what grounds?
The D can still move to set aside the default anytime before the entry of default judgment. Court has discretion to grant based only upon thee these grounds:

(1) providential cause preventing filing (e.g. serious illness); or

(2) excusable neglect; or

(3) convinced from all facts it would be "proper" to set aside.
Is the entry of a default judgment automatic?
No. P must file a motion for a default judgment.
In a default judgment, what is established automatically? What still must be proven?
Liability is established automatically. Damages are not. Thus, if the case is in tort for for unliquidated damages, P must establish damages at a hearing where either side can present evidence.
Is there a jury at a hearing on damages for a case where a default judgment has been issued?
Only if the D filed a pleading contesting damages. If so, then either side can request a jury.
What is the maximum amount a P can recover if a default judgment has been entered.
In a default case, P cannot recover more than demanded in the complaint.
Does GA law require a Rule 26(f) meeting before trial?

A scheduling conference?

What is a party moves for a pretrial conference
No. the CPA does provide for pretrial conferences in the court's discretion, but the court MUST HOLD ONE if any party moves for one.
May a GA court permit the testimony of an expert whose name was not contained in a pretrial order?

If so, are there any other requirements?
Yes, the court has this discretion, so long as the court allows the opposing side the opportunity to take the expert's deposition.
In GA, must a party demand that they have a jury trial?
Generally: No. Jury trial is assumed in cases in which the right attaches.

Exception: When there is a default judgment hearing on damages, a party must request for a jury trial if they desire one.
What is the number of jurors that are present for a trial in Superior Court?

Any exceptions?
12, as specified in the Constitution.

The parties can jointly agree to have fewer than 12 jurors.
What is the number of jurors that serve on a jury in state Court?
Legislation provides for 6 jurors unless the claim is of over $25,000, in which case the party can demand a jury of 12.
What is a directed verdict?
Where the court takes the case away from the jury and grants a judgment as a matter of law because there is only one reasonable conclusion based on the facts presented.
What is a judgment notwithstanding the verdict?
Where the court holds that the jury clearly misapplied the law and rules in favor of the other party.

This motion can only be made if a motion for directed verdict was made first.
When must a motion for a new trial be brought?
Not later than 30 days after entry of judgment.
What are the valid reasons that the court can grant a motion to set aside judgment?
(1) court lacked subject matter jurisdiction

(2) fraud, accident, or mistake

(3) A non-amendable defect on the face of the pleadings or record.
What is the final judgment rule?
A case cannot be appealed until there has been a final judgment issued in the case.
When are interlocutory appeals permissible?
In addition to those appealable of right in federal court (orders concerning injunctions and receivers), the state allows interlocutory appeal of right from orders directing an accounting, granting or refusing alimony, mandamus and other extraordinarily relief, and orders granting summary judgment as to any issue.
What is res judicata?
When a prior claim has been fully litigated in a prior suit, the claimant is barred from bringing the same claim in a subsequent suit.
What are the requirements necessary for res judicata to apply?
(1) Both cases must be brought by the same claimant against the same defendant (or those with whom they are in privity).

(2) The first suit must have ended in a valid final judgment on the merits (w/ prejudice).

(3) The first and second cases must involve the same cause of action.
What constitutes a dismissal "on the merits" (w/ prejudice)?
(1) lack of subject matter jurisdiction

(2) lack of personal jurisdiction

(3) improper venue

(4) improper service

(5) failure to join a Rule 19 party (necessary or indispensable party)

(6) any dismissal specified as being w/ prejudice.
What is collateral estoppel?
This doctrine precludes re-litigation of a particular issue that was litigated and determined and embodied in a valid final judgment in the first case.

The effect is that the particular issue is deemed established in the second case.
What are the requirements for collateral estoppel to apply?
(1) The first case ended in a valid, final judgment on the merits.

(2) The same issue was actually litigated and determined in the first case.

(3) The issues was essential to the judgment in the first case.
Who can collateral estoppel be asserted against?
Collateral estoppel may be asserted only against one who was a party to the prior case (or represented by a party - in a privity relationship).
Who can assert collateral estoppel?
Mutuality view (old rule): You can only use collateral estoppel if you were a party to the prior case (or represented by a party).

Modern trend: nonmutual collateral estoppel - rejects mutuallity: allows colalteral estoppel to be asserted by someone who was NOT a party to the first case.
What are the different types of nonmutual collateral estoppel and how do they operate?
(1) Monmutual DEFENSIVE collateral estoppel - Individual who was not party to the first suit but is sued by the same plaintiff tries to use a decided issues in the first case as a defense to the plaintiff's claim against him.

(2) Nonmutual OFFENSIVE collateral estoppel - Individual who was not party to the first suit but sues one of the parties in the prior suit tries to use a decided issue in the first case offensively to aid their claim in the subsequent suit.
IS nonmutual defensive collateral estoppel permitted in GA?

Is nonmutual offensive collateral estoppel permitted in GA.
In GA, nonmutual defensive collateral estoppel is permitted, buy nonmutual offensive collateral estoppel is not permitted.