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The Best Jewelry Mfg. Co. Inc. v. Reed Elsevier Inc.

The plaintiff failed to state a claim for any of its causes of action in its lawsuit challenging Fulton County State Court's adoption of an electronic filing system.

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In 2010, The Best Jewelry Manufacturing Company, Inc. plaintiff filed this class action challenging Fulton County State Court’s adoption of an electronic filing system administered by Reed Elsevier Inc., d/b/a Lexis/Nexis Courtlink Lexis. In its second amended complaint,1 filed in February 2014, plaintiff alleged inter alia that in 2008, some years after the adoption of e-filing, Lexis conspired with Fulton County to collect illegal fees and barred plaintiff from filing a motion in at least one case by means of either the e-filing system or a public access terminal purportedly available for that purpose. After Fulton County and Lexis moved to dismiss the second amended complaint, the trial court granted the motion on the grounds of sovereign immunity, in which Lexis shared, and failure to state any claim. The trial court also denied plaintiff’s motions to add the past and current clerks of Fulton County State Court as indispensable parties.

On this appeal, plaintiff asserts that the trial court erred when it granted the motion to dismiss because its second amended complaint pled facts sufficient to state claims that the e-filing and other fees imposed by Lexis2 on litigants were illegal, that the e-filing system denied plaintiff its right under the Georgia Constitution to access to the state’s courts, and that Lexis has committed the torts of money had and received and conversion, and conspiracy. Plaintiff also asserts that Lexis does not share in Fulton County’s sovereign immunity, that the chief clerk of Fulton County State Court is a necessary party to the suit, and that the clerk does not have judicial or official immunity. We disagree with these contentions and therefore affirm.

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