ATLANTA (CN) - A class action challenging Fulton County, Ga.'s mandatory electronic filing of lawsuits through Lexis Nexis Courtlink is sluggishly making its way to a possible conclusion before the Court of Appeals for the State of Georgia.
In the latest appellant brief, filed May 13, attorneys for Best Jewelry Manufacturing claim the lower court erred when it ruled that Fulton County has sovereign immunity from challenges to state laws that govern access, filing fees and how those fees are imposed.
Lexis Nexis' corporate parent Reed Elsevier also is a defendant.
In the original complaint, filed in 2007, and in subsequent refilings, a dwindling list of plaintiffs accused Reed Elsevier, Lexis Nexis Courtlink and Fulton County of an unfair monopoly:
"This class action arises from an illegal scheme perpetuated by defendant Reed Elsevier Inc. dba Lexis-Nexis Courtlink Inc. to impose an unlawful, mandatory e-filing system upon litigants in Fulton County State and Superior Courts and to charge excessive and unauthorized fees in connection therewith," the complaint states. "Defendant Fulton County has participated in Lexis' illegal scheme by promulgating a 'pilot program' authorizing Lexis' unlawful mandatory e-filing scheme and excessive fees without the statutory authority to do so."
The class seeks repayment of alleged overcharges for filing fees.
Filing documents through Fulton County State and Superior Courts using the LexisNexis File & Serve system costs from $7 to $11 apiece, for mandatory e-filing cases imposed by orders from Fulton County State and Superior Courts and authorized by Fulton County.
In Fulton County State Court, cases with damages totaling more than $50,000, or cases with no specific dollar amount, must be electronically filed. Cases involving asbestos, fen-phen, mercury and lead, silicosis, health problems from breathing fumes of welding rods, medical malpractice, legal malpractice, tort, personal injury cases and civil cases with four or more parties must be filed electronically.
Fulton County Superior Court demands e-filing only for cases involving asbestos and silicosis.
The trial court denied plaintiff's motion for reconsideration, ruled that Fulton County is entitled to sovereign immunity and granted summary judgment against plaintiffs.
It also ruled that state laws on pricing and collection of court fees do not apply to electronic filing; that the e-filing fees are separate from the mandated fees clerks charge litigants; that the defendants do not share e-filing fees; and that e-filing fees are permissible.
In previous appellee briefs, Fulton County claimed it does not actually collect the filing fees, and the trial court agreed.
The latest brief addressed the sovereign immunity ruling; and plaintiff's attorneys claim the defendants interpretation of O.C.G.A. § 15-6-77(n) is flawed.
The brief states: "O.C.G.A. § 15-6-77(n) satisfies the Georgia Constitution's waiver requirements by providing: 1) a waiver of sovereign immunity (with respect to refunds for the overpayment of filing fees); and 2) the extent of the waiver (limits refunds to overpayments of$15.00 or more) Fulton's argument that section 15-6-77(n) does not apply to e-filing is unavailing."
"Fulton cannot ignore the directive of O.C.G.A. § 15-6-77(k) which provides that "[n]o fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same." Fulton fails to point to any general law authorizing the assessment of filing fees for mandatory electronic filing."