Update on the DeKalb County Retirement Suit

$13,552,790 in (taxpayer paid) legal fees and counting

The DeKalb Schools’ Tax Sheltered Annuity (“TSA”) lawsuit has taken yet another turn after the eight year battle seemed over. You may recall on October 21, the Georgia Supreme Court issued a big win finding the school district breached the TSA agreement by failing to provide the required two-year notice to employees before ceasing contributions to the plan. GAE filed a friend of the court brief in support of the appeal helping to establish that the school system is liable for breach of contract. However, on October 31 the DeKalb County School District filed a Motion for Reconsideration in the Georgia Supreme Court asking the Court to issue a new decision. Lawyers on behalf of the plaintiffs last week filed a Reply brief with the Court. The Georgia Supreme Court must rule on DeKalb’s Motion for Reconsideration by the end of its term on November 18, unless it takes the truly extraordinary step to extend its own term for this particular case. That’s doubtful, but it’s possible.

You can read more about the appeals process, and Richard Belcher’s report on the legal fees in this case by clicking here https://barneslawgroup.com/litigation/dekalb-teacher-tsa-plan/.

Assuming the Court denies the Motion, the next logical step would be for the Court to remand the case back down to the DeKalb trial court for additional proceedings. Stay tuned.