119 results for 'court:"USDC Northern District of Georgia"'.
J. Grimberg rules in favor of the city in a civil rights action brought by a company alleging that the city improperly enforced a constitutionally deficient signage ordinance in rejecting the company's sign permit applications. There is no evidence that the city's staff made a final denial of the company's applications. The record in the case has insufficient information for a proper evaluation of the city's reasons for allegedly denying the applications. The ordinance has also been repealed and replaced.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Zoning
J. Grimberg rules in favor of the Ralph Lauren subsidiary company in a trademark infringement and unfair competition action against an individual and the clothing store to recover damages premised on the individual's underlying guilty plea to trafficking in counterfeit Ralph Lauren goods. The company's motion for summary judgment is granted as to the individual because the counterfeit goods he admitted to selling caused consumer confusion. However, a genuine dispute of fact exists as to whether the store, which has two locations, used the Ralph Lauren marks in commerce.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:21cv1936, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Thrash denies the organization's motion for a preliminary injunction in a civil rights action against the foundation alleging that the foundation's contest to award grants to Black woman-owned small businesses unfairly excludes the organization's non-Black members on the basis of their race. The organization failed to show a clear likelihood of success on the merits of its claim because the First Amendment may bar the claim. The contest does not appear to be an affirmative action program which would fit under an exception to section 1981 of the Civil Rights Act.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 27, 2023, Case #: 1:23cv3424, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Grimberg rules in favor of the government in an action brought by individuals under the Federal Tort Claims Act after their vehicle was rear-ended by a driver they allege to be an FBI agent. The driver is a MARTA employee who is part of an FBI task force. MARTA was responsible for the driver's pay, overtime, leave and other personnel matters. The driver was not a borrowed servant of the FBI at the time of the collision because he was on his way home from a counterterrorism training session hosted by MARTA for MARTA employees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 27, 2023, Case #: 1:21cv184, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Boulee partially grants the state officials' motion for summary judgment in an action brought by nonprofit organizations challenging the constitutionality of two ballot application provisions of Georgia Senate Bill 202. The provisions at issue bar groups from sending voters absentee ballot applications with pre-filled information and require that groups send applications for absentee ballots only to those who have not already requested, received or voted an absentee ballot. The provisions do not impose severe restrictions on the organizations' First Amendment freedom of association rights and serve the state's interest in decreasing voter confusion and combatting complaints of fraud. However, the officials failed to show that they are entitled to judgment as a matter of law on the organizations' free speech claim.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: September 27, 2023, Case #: 1:21cv1390, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, First Amendment
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J. Thrash rules in favor of the insurer in a declaratory judgment and breach of fiduciary duty action brought by the insureds seeking a declaration that they had $100,000 in uninsured/underinsured motorist coverage. The action arose after a car collision. The insureds lack a private right of action for the alleged failure to provide proscribed coverage notice along with the policy. The insurance commissioner has exclusive authority to enforce the regulation. No fiduciary relationship existed between the parties.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:22cv4271, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Fiduciary Duty
J. Thrash grants the security company's motion to dismiss a fraud, negligence and breach of contract action brought by the jewelry store after the company failed to notify the store or police when thieves set off an alarm and stole jewelry. The store's breach of contract and negligence claims are barred by the exculpatory provision in the contract. The store failed to properly state claims for negligence or fraudulent misrepresentation under Georgia law.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:23cv556, NOS: Other Contract - Contract, Categories: Fraud, Negligence, Contract
J. Grimberg grants the distributor's motion for default judgment in an action against the bar to recover for the unauthorized interception and exhibition of a copyrighted fight program. The distributor sufficiently alleged that the bar received the program through an unauthorized cable system, streamed it through the internet to display for patrons and failed to pay a commercial licensing fee. Statutory damages are awarded to the distributor in the amount of $3,500. The distributor is entitled to $2,400 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv1248, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Grimberg grants the software development corporation's motion for default judgment in a breach of contract action against the company and awards the corporation $561,000 in contract damages and $171,000 in pre-judgment interest. The action arose after the company failed to pay for software development services. The company is ordered to show cause why the corporation should not also be awarded $10,000 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv3390, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Brown partially rules in favor of the government in a civil rights action as to the individual's claims for false imprisonment, negligence, false arrest and intentional infliction of emotional distress. The action arose after Customs and Border Protection officers allegedly used excessive force and illegally detained the individual during an inspection at the Atlanta airport. The Federal Tort Claims Act carve-out proviso applies to the individual's tort claims and the customs-duty exception to the Act is therefore inapplicable. Genuine issues of fact exist as to whether the officer violated the Fourth Amendment by using excessive force against the individual. The case is ordered to mediation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: September 22, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct
J. Grimberg denies the landlord's motion to dismiss the tenant's race discrimination action brought under the Fair Housing Act. The tenant, who is Black, alleges that the landlord required her Black partner to undergo a background check and pay a background check fee in order to visit her at the property. The tenant presented sufficient facts to show that she was treated differently than similarly situated tenants and to support her allegation that the landlord did not require prospective white tenants to undergo the same background checks for visitors.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:22cv2056, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Grimberg adopts the magistrate judge's recommendation and grants the corporation's motion to dismiss an emotional distress, negligent hiring and tortious interference with contract action brought by the individual. The action arose after a buyer represented by the corporation terminated a property purchase contract for the individual's home. The individual's objections to the magistrate judge's recommendation are overruled. The corporation was not a stranger to the purchase contract whether or not it was a third-party beneficiary of that contract. Any emotional distress allegedly suffered by the individual did not rise to the extreme level required to state the instant claim.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:20cv2561, NOS: Mandamus & Other - Habeas Corpus, Categories: Emotional Distress, Contract
J. Thrash partially grants the company's motion to dismiss the former company president's counterclaims in a breach of contract and fraud action arising from his alleged participation in a kickback scheme. The motion is granted as to the president's counterclaim for tortious interference. However, the motion is denied with respect to the counterclaims for breach of contract and bad faith. The president plausibly stated a claim for breach of contract arising from the company's alleged repudiation of an obligation in the employment agreement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 19, 2023, Case #: 1:23cv1158, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Grimberg grants the guarantors' motion to dismiss a breach of contract action brought by the bank arising from the guarantors' alleged default on financing agreements. The bank failed to establish personal jurisdiction over the guarantor. The bank failed to show that the guarantor's purported execution of the guaranties for the debt of companies in Georgia constitutes the transaction of business by him in Georgia. Transferring the claims to the U.S. District Court for the Western District of Oklahoma is not appropriate or in the interest of justice.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 18, 2023, Case #: 1:22cv4009, NOS: Negotiable Instrument - Contract, Categories: Venue, Banking / Lending, Contract
J. Jolson grants the corporation's motion to change venue in a securities class action brought by the retirement fund from the U.S. District Court for the Southern District of Ohio to the U.S. District Court for the Northern District of Georgia. The retirement fund claims that the corporation disseminated or recklessly disregarded false and misleading statements about its positions on railway safety. The corporation's headquarters are in Atlanta and two of the executives live and work in Atlanta. The flow of information from the corporation and executives to the shareholders stems from Atlanta.
Court: USDC Northern District of Georgia, Judge: Jolson, Filed On: September 15, 2023, Case #: 1:23cv4175, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Venue, Class Action
J. Boulee rules in favor of the contractor in a negligence action brought by the crane company's employee arising from injuries he suffered after being electrocuted while disassembling a crane. The contractor contractually retained the company to provide the crane in order to fulfill its own contract with a customer, therefore the company was a subcontractor. The employee was injured during the performance of the contract. The contractor is entitled to immunity because it was the employee's statutory employer under Georgia Workers’ Compensation Act.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: September 11, 2023, Case #: 1:21cv5241, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Boulee rules in favor of the insurers in a declaratory judgment action and finds that they do not owe any duty to defend or indemnify the apartment owner or manager in an underlying negligence lawsuit arising from a fatal shooting on their property. The owner and manager failed to timely notify the insurers of the shooting. Although the owner and manager learned about the shooting in August 2020, they waited more than five months to give the insurers notice. An ordinary policyholder would have foreseen the possibility that the shooting would lead to an insurance claim warranting notice to the insurers.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: September 1, 2023, Case #: 1:22cv1265, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Boulee grants the insurance company's motion to intervene as a plaintiff in a declaratory judgment action brought by the insurers against the insured. The action arises from a coverage dispute related to an underlying lawsuit against the insured for allegedly improper construction work. Although the company could protect its interests by filing its own action against the insurers, allowing the company to intervene in the instant action is in the interest of judicial economy.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 31, 2023, Case #: 1:22cv2739, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Boulee refuses to find in favor of the technology company in a fraud and breach of contract action brought by the financial services corporation. The corporation claimed the company surreptitiously entered into transactions with the corporation's protected investors in an effort to avoid paying fees to the corporation. It is not clear that the company's conduct complied with the terms of the agreement. The word "introduce" in the agreement does not require personal contact between the company and an investor. A genuine issue of fact exists as to whether the corporation introducing the company to an investor means the corporation also introduced the company to the investor's affiliates.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 31, 2023, Case #: 1:21cv594, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Thrash grants the franchising business's motion for summary judgment as to the technology company's claims for misappropriation of trade secrets and copyright infringement arising from the alleged theft of e-commerce software code. The company failed to show that the code embedded in the business's website was not readily ascertainable. The combination of the company's technical know-how, organizational capabilities and problem-solving approach are too vague and inclusive to be considered a trade secret. None of the elements identified by the company's computer science expert in a report analyzing the codes qualify for copyright protection. However, the motion is denied with regard to the company's claim for breach of contract.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 30, 2023, Case #: 1:21cv1971, NOS: Copyrights - Property Rights, Categories: Copyright, Trade Secrets, Contract
J. Thrash grants the hotel's motion to dismiss an action brought by the individual under the Trafficking Victims Protection Reauthorization Act alleging that she was a repeated victim of sex trafficking at the hotel. The individual failed to state a claim for vicarious liability against the hotel. However, the hotel franchise owner's motion to dismiss is denied. The individual sufficiently alleged under the Act that the owner had an agreement with the trafficker in light of actions by hotel staff, including placing zip ties to prevent a side entry door from locking so people wishing to buy sex could enter and exit.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 30, 2023, Case #: 1:23cv108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Grimberg partially grants the city's motion to dismiss a civil rights, assault and battery action brought by the individual arising after the police officer punched her in the eye and tased her as she laid on the ground in handcuffs. The civil rights claims against the officer in his official capacity and against the city are dismissed. Other than a conclusory allegation that the city has an unofficial policy of training officers to use tasers on suspects who do not pose a physical threat, the individual failed to identify any policy or custom of the city's that caused her rights to be allegedly violated. The individual's claims against the officer in his personal capacity and the assault and battery claims against the city may move forward.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 28, 2023, Case #: 1:22cv4417, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Boulee grants Google's motion to dismiss an antitrust action brought by an individual alleging that Google drove search traffic to YouTube copies of videos launched on the individual's video platform instead of to the original content. The individual alleged that Google's anticompetitive practices prevented his platform from gaining visibility. The individual failed to show that he suffered an antitrust injury in his individual capacity. The alleged harms were suffered by the video platform, not the individual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 28, 2023, Case #: 1:22cv4204, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Boulee grants the rental company's motion to exclude testimony from a physical and biomedical engineer in an action brought by the employees alleging a claim for negligent bailment arising from injuries they suffered when they fell from a boom lift rented to the employer by the company. The engineer's opinions about the risk of injuries to the employees are not reliable. The company's motion to exclude expert testimony from a mechanical engineer and boom lift inspector is partially granted. The employees withdrew the mechanical engineer as a witness but they will not be unfairly prejudiced if the company calls him as a witness. The inspector may gave opinions as to the pre-delivery and post-delivery inspections of the boom lift.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 24, 2023, Case #: 1:19cv1083, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
[Consolidated.] J. Grimberg denies the individual's motion for recusal and dismisses the individual's actions against the judges and government arising from his allegedly wrongful arrest and prosecution as frivolous. Nearly all of the individual's allegations could have been addressed in an earlier case. The individual failed to show any proper grounds for recusal and he has no basis for challenging how the court assigns cases to its judges. The individual, who is proceeding pro se, cannot bring the actions both on behalf of himself and a company.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 22, 2023, Case #: 1:22cv2133, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Howard partially grants the competitor's motion to dismiss a patent infringement action brought by the company and transfers the case from the U.S. District Court for the Middle District of Florida to the U.S. District Court for the Northern District of Georgia. The competitor has a policy allowing employees to work remotely. Although the home offices of the competitor's employees constitute a physical location in which the competitor's business is carried out, there is insufficient evidence to show that the employees' homes are actually places of business of the competitor.
Court: USDC Northern District of Georgia, Judge: Howard, Filed On: August 21, 2023, Case #: 1:23cv3730, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Boulee adopts the magistrate judge's recommendation and denies the parties' motions for summary judgment in an employment action brought by the employee alleging violations of the Family and Medical Leave Act. The employee claimed she was fired for requesting FMLA leave for a knee surgery. The employer's departure from normal policies by failing to put the employee on a performance improvement plan or implement progressive discipline raises a genuine issue of fact as to whether its stated reasons for firing her are pretextual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 21, 2023, Case #: 1:21cv5256, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Thrash denies the television programming distributor's motion to dismiss a breach of contract action brought by the company arising from the distributor's alleged failure to pay licensing fees. The distributor is based in the United States in Georgia and the company is based in Romania. The forum selection clause in the parties' agreement is permissive in nature.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 21, 2023, Case #: 1:22cv4841, NOS: Other Contract - Contract, Categories: Contract