Ga. Gas Tax Class Suit Nixed For Sovereign Immunity

Law360, New York (January 25, 2010, 2:55 PM EST) -- Sovereign immunity bars a proposed class action filed on behalf of Georgia's natural gas consumers to recover sales taxes that appeared on their energy bills, a state appeals court has ruled, reversing a lower court's decision.

The Georgia Court of Appeals, First Division, tossed the putative consumer class action Thursday, ruling that a trial court erred when it denied the Georgia Department of Revenue's motion to dismiss the complaint.

In the opinion dismissing the case, Judge Gary Blaylock Andrews wrote for the panel that the Georgia...
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