Narrative Opinion Summary
G. B. A. Associates, LLC and Gregory K. Isaacs filed tort claims against Sabal Trail Transmission, LLC, which sought to dismiss the complaint on grounds of federal preemption under the Natural Gas Act (15 U.S.C. § 717 et seq.). The trial court granted this motion, concluding that the plaintiffs' state law claims were preempted. The plaintiffs subsequently appealed this decision. The Court of Appeals recognized that preemption cases involve constitutional questions, referencing past Supreme Court rulings, and consequently transferred the appeal to the Supreme Court for resolution. The order was officially recorded by the Clerk's Office of the Court of Appeals of Georgia on December 20, 2016.
Legal Issues Addressed
Appellate Procedure for Preemption Casessubscribe to see similar legal issues
Application: The Court of Appeals acknowledged that cases involving federal preemption raise constitutional issues, which necessitates transfer to the Supreme Court for a definitive resolution.
Reasoning: The Court of Appeals recognized that preemption cases involve constitutional questions, referencing past Supreme Court rulings, and consequently transferred the appeal to the Supreme Court for resolution.
Federal Preemption under the Natural Gas Actsubscribe to see similar legal issues
Application: The trial court found that the plaintiffs' state law tort claims were preempted by federal law as set forth in the Natural Gas Act, leading to the dismissal of the complaint.
Reasoning: The trial court granted this motion, concluding that the plaintiffs' state law claims were preempted.