georgia borrowing statute

878 results for georgia borrowing statute

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  • 421 U.S. 454 (1975), 73-1543, Johnson v. Railway Express Agency, Inc.

    ... the § 1981 claims as barred by Tennessee's one-year statute of limitations. Tenn.Code Ann. § 28-304 (Supp. 1974). 2 ...In borrowing a state period of limitation for application to a federal cause ...1338, 1341-1342 (Haw.1974); Howard v. Lockheed-Georgia Co., 372 F.Supp. 854, 855-856 (ND Ga.1974); Van Hoomissen v. ...

  • 476 U.S. 79 (1986), 84-6263, Batson v. Kentucky

    ...       In Strauder, the Court invalidated a state statute that provided that only white men could serve as jurors. Id. at ...Georgia , 345 U.S. 559, 562 (1953); see McCray v. New York, supra, at .... . ." Ante at 94, n. 18. The Court then adds, borrowing again from a Title VII case, that "the prosecutor must give a ...

  • Time-bars: RICO-criminal and civil-federal and state.

    ...The government did not file the case within the six-year statute of limitations period established by the Minnesota state statute. ...Georgia adopted RICO legislation modeled on Florida RICO. The courts in ... characterize the claim for relief and apply state borrowing statutes. See Lowenthal et al., Cornell Limitations Project, ...

  • 380 U.S. 39 (1965), 116, Crider v. Zurich Insurance Co.

    ... resident, was injured in that State while working for a Georgia corporation, against which he then secured a default judgment in ... Alabama's own law independently forbids the piecemeal borrowing of Georgia statutes and denies to the Alabama courts jurisdiction ...

  • 974 F.2d 602 (5th Cir. 1992), 91-3391, Trizec Properties, Inc. v. United States Mineral Products Co.

    ... for use in the construction of a building in Atlanta, Georgia. Trizec, a Delaware corporation with its principal place of ... this action in Louisiana because of a 1985 Louisiana statute which purportedly provides a prescriptive period 1 of five years ... urged in a summary judgment motion that Louisiana's borrowing statute 2 required that the district court apply the general ...

  • 285 F.3d 1294 (11th Cir. 2002), 01-10192, Cory D. v Burke County School District

    ... United States District Court for the Southern District of Georgia .         Before BLACK, HILL and STAPLETON[x], Circuit ...Compare Ga. Code Ann. § 9-3-33 (personal injury statute of limitations), with Ga. Code Ann. § 50-13-19(b) (time limit ...Borrowing the 30-day statute of limitations applicable under the Georgia ...

  • 746 F.2d 699 (11th Cir. 1984), 83-8658, Solomon v. Hardison

    ... United States District Court for the Northern District of Georgia.         Before KRAVITCH and HATCHETT, Circuit Judges, ... 1983 claim because it was time barred under a 180-day statute of limitations used by the district court. We hold that the court ..., Eighth and Tenth Circuits have all rejected the 'borrowing' of state administrative statutes of limitations when determining ...

  • Barrett v. Metropolitan Life Ins. Co., 052909 FED2, 08-0598-cv

    ...JAFFE, Atlanta Trial Lawyers Group, Atlanta, Georgia.           APPEARING FOR APPELLEE: ANDREW O. BUNN (B. ... that the district court, instructed by New York's "borrowing statute" to apply Georgia's limitations period, see N.Y. C.P.L.R. ...

  • The false promise of fiduciary government.

    ...1. Political Corruption and the Honest Services Statute . Curiously, fiduciary theorists do not make anything out of the ..., (320) and a growing literature on constitutional law borrowing across doctrinal areas, (321) there is little modern commentary .... (238) Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 17 (1831). . (239) Cobell v. Norton, 240 ...

  • 471 U.S. 261 (1985), 83-2146, Wilson v. Garcia

    ... on the ground that the action was barred by the 2-year statute of limitations of the New Mexico Tort Claims Act. The District ... "the predominance of the federal interest" in the borrowing process, taken as a whole. Burnett v. Grattan, 468 U.S. at 48. ... of Education, 673 F.2d 873, 877 (CA5 1982) (20-year Georgia statute), with Wooten v. Sanders, 572 F.2d 500, 501 (CA5 1978) ...

  • 464 U.S. 417 (1984), 81-1687, Sony Corp. of America v. Universal City Studios, Inc.

    ... in construing the scope of rights created by a statute that never contemplated such a calculus of interests.  Any ...Bowers of Georgia, Tany S. Hong of Hawaii, Tyrone C. Fahner of Illinois, ...The District Court so held, borrowing the "staple article of commerce" doctrine governing liability for ...

  • Privacy Act of 1974, as Amended; System of Records

    Pursuant to the provisions of the Privacy Act of 1974, as amended, 5 U.S.C. 552a(e)(4) and OMB Circular A-130, the Federal Deposit Insurance Corporation (``FDIC'') is republishing in full a notice of the existence and character of each FDIC system of records. FDIC is making minor editorial and stylistic revisions to make the notices clearer, more accurate, and up-to-date.

    ... Office, FDIC, 10 Tenth Street, Suite 800, Atlanta, Georgia 30309. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:. ... a violation of, or for enforcing or implementing a statute, rule, regulation, or order issued, when the information ... or State examiners for the purposes of examining borrowing relationships in operating financial institutions that may be ...

  • Payday, Vehicle Title, and Certain High-Cost Installment Loans

    The Bureau of Consumer Financial Protection (Bureau or CFPB) is issuing this final rule establishing regulations creating consumer protections for certain consumer credit products and the official interpretations to the rule. First, the rule identifies it as an unfair and abusive practice for a lender to make covered short-term or longer- term balloon-payment loans, including payday and vehicle...

    ..., the lender confirms that the consumer meets specified borrowing history conditions, and the lender provides required disclosures ...Ann. sec. 40-14-363. As noted above, the New Mexico statute will be repealed on Jan. 1, 2018. See N.M. H.B. 347, 53d Leg., ...In 2004, Georgia also enacted a law banning payday lending. ...

  • 188 F.3d 510 (6th Cir. 1999), 98-5458, Willits v. Peabody Coal Co.

    ... of Plaintiffs' claims were barred by the applicable statutes of limitations; and (2) that certain royalty interests asserted ...The district court held that under the Kentucky borrowing statute, the causes of action for breach of contract accrued in ... a bill of exchange, even though the bill was executed in Georgia while appellant was a resident there. Id. at 65. However, the ...

  • A World without Bankruptcy

  • Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2016

    Publication of the Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan represent key components of the regulatory planning mechanism prescribed in Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 51735) and incorporated in Executive Order 13563, ``Improving Regulation and Regulatory Review'' issued on January 18, 2011 (76 FR 3821). The fall editions of...

    ... Flexibility Act and various Executive orders and other statutes. Regulatory Flexibility Act. The Regulatory Flexibility Act ... activities, including: (1) Implementing Treasury's borrowing authority, including regulating the sale and issue of Treasury ...District Court for the Northern District of Georgia and FTC v. AbbVie, Inc., in the U.S. District Court for the ...

  • 501 U.S. 350 (1991), 90-333, Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson

    ... period for fraud claims, the most analogous forum state statute; that plaintiff-respondents had been on notice of the possibility ...State borrowing principles should not be applied where, as here, the claim ...Beam Distilling Co. v. Georgia, post, p. 529, alters this fact. The present case is ...

  • Constitutional borrowing.

    .... Stanley v. Georgia (18) presents an intriguing microstudy of borrowing's attractions and challenges. There, the ...'s dissent, which proposed a test for Second Amendment claims that would "ask[] whether the statute burdens a protected interest in a way or to an extent that is out of proportion to the statute's ...

  • 589 F.3d 235 (6th Cir. 2009), 08-1435, CMACO Automotive Systems, Inc. v. Wanxiang America Corp.

    ... accrued in California and, by application of Michigan's borrowing statute, MICH. COMP. LAWS § 600.5861, were time-barred by the ...At the time the loan was made, the plaintiff resided in Georgia and the defendant lived in Florida. Id. Pursuant to the ...

  • Court Summaries, 0215 WYBJ, Vol. 38 No. 1. 50
  • 19 U.S. 264 (1821), Cohens v. State Of Virginia

    ... disposed persons, and totally regardless of the laws and statutes of the said Commonwealth, since the first day of January, in the ...v. Georgia, in which the Court decided, that a State might be made a party ... of laying and collecting taxes?  Or is it a mode of borrowing money?  And is it for the purpose of paying the debts or ...

  • Arbitration Agreements

    Pursuant to section 1028(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203), the Bureau of Consumer Financial Protection (Bureau) is proposing to establish 12 CFR part 1040, which would contain regulations governing two aspects of consumer finance dispute resolution. First, the proposed rule would prohibit covered providers of certain consumer financial products

    ..., States began passing their own consumer protection statutes modeled on the FTC Act to prohibit unfair and deceptive ... arbitration agreement substantively unconscionable under Georgia law); Scott v. Cingular Wireless, 161 P.3d 1000 (Wash. 2007) (en ... occur, for example, in certain types of commercial borrowing engaged in by merchants, such as factoring, or collateralized ...