Town of Smyrna Fights Imposition of Hedging Charges

We are representing the Town of Smyrna, Tennessee against the Municipal Gas Authority of Georgia (MGAG) due to MGAG’s imposition of hedging charges that are costing the Town millions each year, despite the fact that the Town never authorized MGAG to initiate long-term hedges on its behalf. 

The Sixth Circuit recently ruled in favor of our client, affirming Judge Sharp’s refusal to dismiss our case after MGAG moved for dismissal seven months into the case, claiming it was a sovereign of the State of Georgia under a then-recent decision in which the Georgia Supreme Court held that the Georgia Lottery Corp. is a sovereign. The Sixth Circuit stated that MGAG’s argument “requires quite a stretch of the imagination.” The case is still pending after having been stayed pending appeal.

Smyrna is a town in Rutherford County, Tennessee founded in 1855.

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