105 results for 'court:"USDC Middle District of Georgia"'.
J. Self grants the department's motion for judgment on the pleadings as to claims for violations of the Eighth and Fourteenth Amendments in a civil rights and negligence action brought by the mother. The action arose out of the son's death by suicide in solitary confinement in prison. The mother failed to sufficiently allege that two prison staff members had subjective knowledge of the son's suicidal tendencies or high suicide risk. The mother also failed to allege how the officer-in-charge was deliberately indifferent to the son or how her knowledge of insufficient staffing in the prison created a strong likelihood that the son would self-harm. The action is remanded to the superior court.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 30, 2023, Case #: 5:23cv139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Royal grants the business owner's motion to dismiss an action brought by the residents seeking damages and injunctive relief for alleged Clean Water Act violations arising from an agreement to transport excavated red clay from a Meta project site to another property. The residents alleged that the actions resulted in red clay-polluted storm water discharge into their ponds. The residents failed to state a viable claim against the business owner. Their motion to amend the action is partially granted as to the Clean Water Act claims because they sufficiently alleged an ongoing violation.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: June 30, 2023, Case #: 3:22cv72, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Land denies the licensee's motion to dismiss a declaratory judgment action brought by the McDonald's charity organization seeking an order affirming that assets accumulated through fundraising using McDonald's trademarks can only be used for purposes consistent with the original license agreement. The agreement is not a personal contract as to both parties under Illinois law and the licensee's consent to the company's assignment of the agreement to the charity organization was valid.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 27, 2023, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Contract
J. Land partially grants the manufacturer's motion to exclude expert testimony from a professor and a urogynecologist in a product liability and fraud action brought by the individual arising from injuries she suffered when she was implanted with the manufacturer's Obtryx transobturator midurethral sling device. However, the professor may offer opinions about clinical complications caused by the degradation of materials and the urogynecologist may offer some opinions including on whether the individual had pudendal neuralgia and whether polypropylene mesh can degrade in the human body. The manufacturer's motion for summary judgment is granted as to the individual's fraud claims but denied as to the failure to warn and punitive damages claims. The individual's motion for partial summary judgment is also partially granted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 22, 2023, Case #: 4:22cv21, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability, Experts
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J. Land denies the power companies' motions to exclude expert testimony from a mechanical engineer and a real estate appraiser in a nuisance and negligence action brought by the neighbors arising from excessive noise, light, odor and smoke coming from a biomass power plant. The power companies' motions for summary judgment are also partially denied. However, the motions are granted as to the neighbors' claims for nuisances other than noise, vibrations and emissions of particulate matter and continuing nuisance claims based on air quality issues after June 2020. The neighbors presented evidence showing that the county found a violation of the nuisance ordinance with regard to the plant's noise levels and presented evidence showing that the plant routinely had long, loud steam releases.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 16, 2023, Case #: 3:21cv42, NOS: All Other Real Property - Real Property, Categories: Negligence, Experts
J. Land finds in favor of the company buyers as to the seller's counterclaims for breach of various contracts, breach of a consulting agreement as it relates to the seller's reimbursement requests and counterclaims alleging that a non-compete provision of a contract is unenforceable. However, the seller's cross-motion for summary judgment is granted as to the buyers' claims for breach of non-compete obligations and copyright infringement and his counterclaim for withholding of a warranty deposit.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 15, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Treadwell partially finds in favor of the city in an action brought by the developers alleging that the city violated the federal Fair Housing Act and Georgia Fair Housing Act by backing out of agreements to build an affordable housing development. Two developers failed to create a triable issue of fact as to whether the city intentionally discriminated on the basis of race when it rescinded a commitment resolution. The developers cannot show that community opposition to the development was based on racial animus even in light of social media comments equating affordable housing to crime and drug use. The developers also cannot show that the city was not justified in rescinding the resolution because of the reduction in commercial retail space. However, a genuine issue of fact exists as to whether the city retaliated against the developers for the exercise of their rights under the Fair Housing Act based on threats made by the city's counsel.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: June 13, 2023, Case #: 5:20cv159, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Self denies the employer's motion to dismiss an action brought by the employee as to claims for retaliation and discrimination in violation of Title VII and negligence. The action arose after the employee was demoted and fired for allegedly creating a hostile work environment by becoming the object of unwanted romantic advances from a co-worker. The employee sufficiently alleged that the co-worker, who was not fired, received more favorable treatment from the employer. However, the motion to dismiss is granted as to the employee's state law claims for discrimination.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 9, 2023, Case #: 5:23cv72, NOS: Employment - Civil Rights, Categories: Negligence, Employment Discrimination, Employment Retaliation
J. Land grants the motion to dismiss the individual's civil rights, excessive force and malicious prosecution action with respect to three police officers. The individual knew or should have known of the injuries giving rise to his excessive force, assault, battery and unreasonable search claims on the date of his arrest but failed to file his action until four years later. The claims are therefore time-barred. However, the motion is denied as to the individual's malicious prosecution claim against one police officer and two probation officers. The individual adequately alleged that the probation officer should have known the probation warrant was not supported by probable cause and that the police officer should have known the arrest warrant for loitering and prowling lacked probable cause.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 3:22cv77, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Land finds in favor of the Securities and Exchange Commission in a fraud action against the brothers arising from a free-riding scheme that resulted in $12,000 in losses to two registered broker-dealers. One brother is liable for disgorgement in the amount of $12,000 and each brother is ordered to pay a $25,000 civil penalty.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 4:22cv149, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Land enters an injunction finding that the corporations created and maintained a nuisance at the Lumpkin Solar Facility that caused sedimentation to pollute the farm's wetlands, streams and lake for approximately two years. The corporations are ordered to eliminate the transport of sediment to the farm, prepare and complete erosion and pollution control plans, complete a hydrology study, prepare a stormwater management report and abide by other requirements.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 5, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Environment, Restraining Order
J. Treadwell denies the employee's motion for reconsideration of an earlier order partially granting the employer's motions to dismiss a civil rights and race discrimination action arising from the employer's alleged failure to reclassify the employee, an appraiser, to a higher position. The employee failed to follow the court's instructions in amending her complaint, therefore her allegations with regard to liability for pay discrimination based on events that happened years before she filed her charge of discrimination with the EEOC were properly struck from the second amended complaint.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 30, 2023, Case #: 5:21cv239, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Self partially grants the companies' motion for unliquidated damages in a contractual indemnification action after the entry of a default judgment earlier this year in favor of the companies in the amount of $256,000. The companies are awarded $12,600 in attorney fees, $4,200 in pre-judgment interest and $800 in costs.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: May 26, 2023, Case #: 5:23cv66, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees