Nat'l Collegiate Student Loan Tr. 2007-3 v. Clayborn

2 Citing cases

  1. Nat'l Collegiate Student Loan Tr. v. 2007-1

    358 Ga. App. 32 (Ga. Ct. App. 2020)

    The outcome of this case is controlled by our recent decision in Nat. Collegiate Student Loan Trust 2007-3 v. Clayborn , ––– Ga. App. ––––, 850 S.E.2d 787 (Case No. A20A1571, decided October 23, 2020), where we reversed the trial court's dismissal of NCSLT's action against a different borrower. We held that "NCSLT, despite its nomenclature as a ‘trust,’ is a Delaware unincorporated association.

  2. Stillwell v. Topa Ins. Co.

    363 Ga. App. 126 (Ga. Ct. App. 2022)   Cited 6 times
    Distinguishing clearly between constitutional standing and scope of a statutory cause of action

    " (punctuation omitted)); Ga. Home Appraisers, Inc. v. Trintec Portfolio Servs., LLC , 349 Ga. App. 356, 362 (2), 825 S.E.2d 833 (2019) (same).Nat'l Collegiate Student Loan Tr. 2007-3 v. Clayborn , 357 Ga. App. 353, 354, 850 S.E.2d 787 (2020) ("A motion to dismiss may be granted only where a complaint shows with certainty that the plaintiff would not be entitled to relief under any set of facts that could be proven in support of his or her claim."); Ass'n of Guineans in Atlanta, Inc. v. DeKalb Cty. , 292 Ga. 362, 364 (2), 738 S.E.2d 40 (2013) (same). OCGA § 40-1-112 (c), when read together with OCGA § 40-1-126, "authorizes direct actions against insurers of motor carriers engaged in intrastate commerce ...."