119 results for 'court:"USDC Northern District of Georgia"'.
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
J. Boulee denies the nonprofit organizations' motion for a preliminary injunction seeking to block the officials from enforcing two provisions of Georgia's voting law, S.B. 202, which require absentee ballot drop boxes to be placed inside advance voting locations and make it a felony for an unauthorized person to return an absentee ballot for another person. The organizations failed to show a likelihood of success on their claim that the provisions violate the ADA and Rehabilitation Act by discriminating against voters with disabilities. Difficulties faced by the organizations' constituents do not deny them ready access to absentee voting.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 18, 2023, Case #: 1:21cv1284, NOS: Voting - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Elections
J. Boulee grants the nonprofit organizations' motion for a preliminary injunction seeking to block county officials from enforcing a provision of Georgia's voting law, S.B. 202, allowing absentee ballots to be rejected for errors or omissions relating to a birthdate requirement on ballot return envelopes. The birthdate is immaterial to determining whether the voter is qualified to vote and is only used to verify the voter's identity. The organizations established a likelihood of success on their claim that the requirement violates the materiality provision of the Civil Rights Act. A voter's injury arising from the rejection of a ballot due to a missing birthdate is traceable to a county official because county officials are responsible for accepting or rejecting absentee ballots. However, the motion is denied as to state officials because they are not involved in the process of accepting or rejecting absentee ballots.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 18, 2023, Case #: 1:21cv1259, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Grimberg finds in favor of the police officer and sheriff's deputy in a civil rights, malicious prosecution, assault and battery action brought by an individual arising from his arrest following an altercation with the police officer over his violation of courtroom phone etiquette protocol. There was probable cause to arrest the individual because a reasonable person would have believed he committed a criminal offense in his altercation with the officer. The officer is entitled to qualified immunity because he was acting within the scope of his discretionary authority at the time of the incident. The officer's use of force in arresting the individual was reasonable.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:21cv4846, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Grimberg grants a bank's motion to dismiss a wrongful death, fraud, racketeering and injunctive relief action brought by an estate executor allegedly renewing an earlier action attacking the validity of a $2 million consent judgment which arose from an unpaid loan. The claims are barred by the Rooker-Feldman doctrine and the action is not a renewal. The district court lacks subject matter jurisdiction to review and declare the lower court's final judgment void.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:22cv4228, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Injunction
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J. Thrash finds in favor of the moving company in a negligence action brought by the driver arising from a car collision but denies the companies' motion for evidence spoliation sanctions. The driver failed to present evidence which would create an issue of fact as to the moving company's liability. Dismissal is not a proper sanction for the totaling of the driver's vehicle after it was involved in a subsequent collision. The companies are also not entitled to an award of fees for their accident reconstruction expert. The companies' motion for summary judgment is granted as to the driver's negligent hiring, retention, training and supervision claims but denied as to the negligence and imputed liability claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 8, 2023, Case #: 1:22cv628, NOS: Insurance - Contract, Categories: Evidence, Sanctions, Negligence
J. Thrash grants Coca-Cola's motion for partial summary judgment in a breach of contract action arising after the transportation company refused to defend and indemnify Coca-Cola in an underlying Texas state court case. The underlying case arose from injuries the company's employee allegedly suffered when a Coca-Cola employee hit him with a forklift. The agreement requires the company to defend Coca-Cola in the underlying negligence action. However, the company's motion for summary judgment is granted with respect to the commercial general liability insurance and workers' compensation insurance requirements. The instant case is stayed pending resolution of the underlying action.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 7, 2023, Case #: 1:21cv4961, NOS: Other Contract - Contract, Categories: Indemnification, Contract
J. Thrash grants the executives' motion to dismiss a fraud action brought by the software development company and its foreign affiliates arising after the executives allegedly induced the companies into entering a statement of work despite knowing that the executives' company could not pay for the work performed by the companies. The executives are not subject to personal jurisdiction under Georgia's long-arm statute or the agreement's forum selection clause. The companies also failed to show that the executives were primary participants in the alleged misrepresentations underlying the action.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 28, 2023, Case #: 1:22cv4540, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
J. Boulee adopts the magistrate judge's recommendation and grants the employer's motion to dismiss a civil rights and retaliation action brought by the employee alleging violations of the Family Medical Leave Act. The employee failed to name the sheriff in the charge of discrimination filed with the Equal Employment Opportunity Commission. The employee failed to show that the exception to the naming requirement applies. He also failed to specify what statutorily protected activity he engaged in. The magistrate judge correctly found that three internal grievances filed by the employee did not constitute protected activity because the employee failed to allege that he was discriminated against on the basis of his gender.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 27, 2023, Case #: 1:22cv2413, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Retaliation
J. Boulee grants the police officer's motion to set aside the clerk's entry of default in a civil rights, malicious prosecution and battery action brought by a mother and daughter. The action arose after the officer allegedly assaulted the daughter when she refused to speak to him. Although the officer gave timely notice of the lawsuit to the city's department of law, a city official failed to submit a request to hire outside counsel for the officer until after the clerk entered default. The mother and daughter will not be prejudiced by the decision to set aside default.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 20, 2023, Case #: 1:22cv3185, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Thrash denies the bank's motion for judgment on the pleadings in a breach of contract and conversion action arising after the individual failed to make payments on a Paycheck Protection Program loan or return excess funds wired to her account due to a keystroke error. A material dispute exists as to whether the individual violated the loan agreement. The complaint also does not state a claim for breach of the implied covenant of good faith as to the excess funds.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 10, 2023, Case #: 1:22cv2685, NOS: Other Contract - Contract, Categories: Conversion, Banking / Lending, Contract
J. Thrash grants the company's amended motion to compel arbitration in a putative class action seeking damages for the company's alleged failure to safeguard user accounts and timely respond to user support requests on its cryptocurrency exchange platform. There is no evidence that the individuals did not accept the original terms of their user agreements when they created their accounts, which included arbitration provisions. The arbitration provisions and delegation clauses in the user agreements are not unconscionable.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 6, 2023, Case #: 1:22cv3250, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Class Action
J. Boulee partially grants two companies' motions to partially dismiss a wrongful death and negligence action brought by a widow and a grandmother arising after the decedent was crushed and his grandson was trapped by a camper's slide-out room extender. The strict liability claims are dismissed as barred by the statute of repose because the claim was filed more than 10 years after the date of the original camper purchase. A 2020 tolling order issued by the Georgia Supreme Court related to the Covid-19 emergency order did not apply to the statute of repose. However, the negligence claim is not barred by the statute of repose because the widow and grandmother sufficiently alleged that the companies acted with at least reckless disregard for life.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 29, 2023, Case #: 1:22cv3605, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
[Consolidated.] J. Grimberg grants the adult film library owner's motions to serve subpoenas on the individuals in a copyright infringement action alleging that the individuals copied and reproduced dozens of the films. The owner sufficiently identified the individuals by their IP addresses and has sufficiently alleged that the individuals infringed on protected elements of its copyrighted works. The early discovery requested by the owner will likely uncover the individuals' identities.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: June 26, 2023, Case #: 1:23cv2098, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Thrash denies the credit union's motion to enforce a settlement agreement in a breach of contract class action arising from claims that the credit union improperly assesses overdraft fees. The credit union sought to block a class member from prosecuting a separate breach of contract action for improper overdraft fees in state court. The class member's claim could not have arisen out of or been sufficiently related to the facts in the instant case because he alleged that his claim accrued more than three years after the latest possible claim accrual date stated in the settlement agreement. The class member also alleges that the improper overdraft from his account occurred by a different method than in the instant case.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: June 15, 2023, Case #: 1:15cv4279, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, Class Action
J. Thrash denies the company owner's and CEO's motion to dismiss a fraud action brought by the relator under the False Claims Act against her former employer alleging that it underwrote government-insured mortgages that were riskier than allowed by the U.S. Department of Housing and Urban Development's Federal Housing Administration. The relator's motion for leave to amend the amended action is granted because there has been no undue delay on the part of the relator and granting leave to amend would not prejudice the company owner.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: June 15, 2023, Case #: 1:16cv3812, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Thrash partially grants the father's motion for class certification in a breach of contract action under the Class Action Fairness Act arising from the university's failure to refund tuition or prorated costs when it closed due to the Covid-19 pandemic. The proposed class definition is ascertainable and the father showed that his claim is typical of other students and parents who paid tuition and fees during the Spring 2020 semester. The certification motion is granted as to the father's implied contract claim but denied as to the claim for money-had-and-received. Common issues predominate over individualized issues with relation to tuition and fees refunds but not as to room and board payments.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: June 15, 2023, Case #: 1:20cv2002, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Boulee denies the doctors' motions to dismiss or transfer a fraud and breach of contract action brought by the radiology corporation arising from alleged violations of the terms of share purchase agreements. The corporation claims that the doctors committed Medicare and Medicaid fraud by telling the radiology practice's secretaries to sign medical reports on the doctors' behalf. The corporation's claims are not compulsory counterclaims in litigation which is ongoing in Kentucky state court because the claims in each case are distinct and raise different issues of law and fact. Abstention under the Colorado River doctrine is also not warranted.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 9, 2023, Case #: 1:21cv4694, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Boulee adopts the magistrate judge's recommendation and partially grants the employer's motion to dismiss the employee's age discrimination action. The employee's claims for hostile work environment, breach of contract and unjust enrichment are dismissed with prejudice. The employee's objections to the recommendation are overruled. The magistrate judge applied the proper standard of review and did not commit any error by failing to clarify whether the dismissal was with or without prejudice.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 1, 2023, Case #: 1:22cv3941, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Thrash partially grants the financier's motion to dismiss an action brought by a film crew member alleging violations of the Fair Labor Standards Act. The crew member alleged that he and other crew members were not paid for the last month of work they performed on a film called "Black Spartans." The crew member failed to adequately allege facts supporting the requirements for establishing enterprise or individual coverage as to the financier. There are no allegations as to the financier's gross annual volume of sales or business. The crew member is granted leave to file an amended complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 31, 2023, Case #: 1:22cv4987, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Venue
J. Thrash partially grants the employer's motion to dismiss an action brought by the relator alleging violations of the False Claims Act. The relator claimed that the employer billed the government for durable medical equipment which was medically unnecessary, overpriced or not in compliance with state healthcare regulations. However, the relator's claims with regard to some violations of the licensing scheme raise concerns as to whether the equipment supplied by the employer was safe and effective for patients in Florida to use. The relator also presented facts showing that the employer's licensing lapses were knowing and not the result of simple negligence.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 22, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims