104 results for 'court:"USDC Middle District of Georgia"'.
J. Self grants the product seller's motion to dismiss a trademark infringement action brought by the ammunition design company arising from the seller's alleged sale of a product infringing on the "Quik-Shok" mark. The company failed to present evidence supporting the exercise of personal jurisdiction over the Virginia-based seller and has not shown that the seller regularly conducts business in or derives substantial revenue from Georgia. Only two of the seller's 5,300 orders were sold to Georgia residents and neither order was for the allegedly infringing product. The company also failed to show that any transaction occurred between the seller and the manufacturer of the infringing product at a Georgia trade show.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 23, 2024, Case #: 5:23cv512, NOS: Trademark - Property Rights, Categories: Trademark, Jurisdiction
J. Treadwell partially grants the defense contractor's motion for summary judgment on the relator's claims alleging that the contractor violated the False Claims Act by falsifying compliance with contractual training requirements while providing security services in Afghanistan. The relator's claim based on the contractor's failure to comply with pre-deployment training requirements is dismissed. However, the claim based on annual refresher training may move forward. The relator presented evidence showing that people responsible for administering that training were aware of a scheme to forge signatures on training sign-in sheets and make it look like training was occurring when it was not. A genuine issue of fact exists as to whether the contractor submitted false claims for payment based on its failure to comply with the refresher training requirements.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: April 12, 2024, Case #: 5:20cv128, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
J. Self rules in favor of the power company in a wrongful death action brought by the estate administrator arising from the diver's death while inspecting a headgate chain on the power company's dam. The employer's motion for summary judgment is denied and it must indemnify the power company for the settled claims resulting from the diver's death. The work performed by the diver was authorized by the purchase order in light of the change to the scope of work which occurred in a conversation between the employer's representative and river manager. The oral agreement modified the scope of work.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 8, 2024, Case #: 4:22cv81, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Wrongful Death, Contract
J. Royal grants the defendant company's motion for partial summary judgment on the plaintiff's direct liability claims arising from a hit-and-run motor vehicle accident involving an 18-wheeler that hit plaintiff's car and kept on driving. The defendant company is entitled to summary judgment on the plaintiff's claims for negligent hiring, retention, training, supervision, and entrustment
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 29, 2024, Case #: 3:21cv119, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle
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J. Sands orders defendants to produce their embezzlement/employee dishonor claims that exceed $100,000 and were submitted to defendants from Jan. 1, 2013, to Dec. 31, 2023.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 29, 2024, Case #: 7:22cv52, NOS: Insurance - Contract, Categories: Insurance
J. Sands grants plaintiff insurance companies’’ motion for summary judgment in their suit against a local pharmacy distributor in Tifton, Georgia, that was named as a defendant in 26 opioid lawsuits. The companies provide that the economic losses sought in the underlying opioid lawsuits are precluded by their policies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 27, 2024, Case #: 7:22cv113, NOS: Insurance - Contract, Categories: Insurance
J. Royal partially rules in favor of the government in a negligence action brought under the Federal Tort Claims Act by the driver arising from injuries she suffered in a car collision with a U.S. Postal Service mail truck. The driver conceded that the Act prohibits her from recovering more than the $72,000 in damages she presented in the pre-suit administrative claim. However, genuine issues of fact exist as to whether the collision caused additional injuries to the driver's knee and shoulder separate from her preexisting injuries.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 21, 2024, Case #: 5:21cv237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Treadwell rules in favor of the credit union and manager in a civil rights action brought by the individual alleging retaliation. The action arose after the credit union refused to cash an economic stimulus check for the individual, a Black man, because the name on the check did not match the name on an account. The individual failed to present evidence showing that the credit union and manager acted with retaliatory intent.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 19, 2024, Case #: 5:22cv144, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Royal partially rules in favor of the employee in an action under the Fair Labor Standards Act alleging that the employer and owner failed to properly pay him overtime. Although the employer classified him as an independent contractor for the first six months of his employment, the employee was a covered employee for the entirety of his employment. The employer and owner controlled the manner in which the employee performed his work, he signed a non-compete agreement, was not hired on a short-term basis and his work was integral to the employer's business. However, the employee's motion for summary judgment is partially denied because genuine issues of fact exist with respect to the issue of the number of hours he worked.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 19, 2024, Case #: 5:22cv162, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Self rules in favor of the employer in a civil rights action brought by the former employee, a white man, alleging that the employer created a hostile work environment by treating him differently than his Black co-workers. The ex-employee claimed the employer failed to take action after three co-workers made threatening comments to him. The employee failed to show that the comments were racially motivated or that the alleged harassment was severe or pervasive.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 16, 2024, Case #: 5:23cv42, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Self denies the farmer's motion for conditional class certification in a putative class action alleging that the chicken company violated the Fair Labor Standards Act by misclassifying farmers as independent contractors and by failing to pay minimum wage and overtime. The farmer failed to show that a substantial number of people in the proposed class of more than 1,300 farmers want to opt in to the collective action. The individual, the only opt-in plaintiff, is dismissed from the action and the farmer will proceed on his individual claims.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 14, 2024, Case #: 5:22cv268, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Treadwell grants four employees' motion for default judgment against the employer in a class action alleging that the employer violated the Fair Labor Standards Act by failing to provide overtime pay. Judgment is entered against the employer in the amount of $131,000. The employees' testimony confirmed their allegations that the employer knew they worked more than 40 hours per week but failed to compensate them appropriately. The employer retaliated against two employees after they complained about their overtime compensation by reducing their hours and firing one. The employees are entitled to $36,000 in attorney fees.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: March 13, 2024, Case #: 5:21cv95, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Land rules in favor of the school district in a civil rights action brought under Title IX of the Education Amendments of 1972 by a former student alleging that she was sexually abused by her biology teacher. The student failed to show that the district had actual notice of the abuse before another student reported text messages between the teacher and student to the principal. Although the district knew the relationship between the student and teacher was inappropriately close, it was not aware of the sexual nature of the relationship. The student also failed to show that the district was deliberately indifferent to the text messages.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: March 5, 2024, Case #: 3:22cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Treadwell partially grants the U.S. Secretary of Commerce's motion to dismiss an amended civil rights, employment discrimination and retaliation action brought by the employee after he was fired from a temporary census job and barred from public service employment based on his criminal history. The employee's retaliation claims and claims regarding the 2020 Census are dismissed because he failed to exhaust his administrative remedies. The employee also failed to plausibly allege a claim for disparate treatment. However, the employee's disparate impact claim may move forward.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: February 14, 2024, Case #: 5:21cv304, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Sands grants the officials' motion to dismiss the individual's civil rights, fraud and emotional distress action arising after deputies allegedly repeatedly shot and raped the individual. The individual also claimed that officials conspired to falsify his paternity records. The action and the individual's proposed amended complaints are improper shotgun pleadings that do not clearly indicate which claims are directed at which parties. The allegations in the complaint are "delusional or frivolous." The individual also failed to perfect service on the officials.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: February 13, 2024, Case #: 7:22cv112, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Self dismisses a civil rights action brought by the individual against the county officials as a sanction for the individual's repeated failure to comply with multiple court orders asking her whether someone with legal training was ghostwriting her pro se filings. The action arose from the officials' recording of an allegedly deficient quitclaim deed which the individual says deprived her of her house, land and property without due process. The individual's motions to disqualify the instant judge for being "racist" and subscribing to "Jim Crow's ideology" are denied because she failed to show any bias against her and no reasonable layperson would doubt the court's impartiality. The officials' motion for summary judgment is granted.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: February 12, 2024, Case #: 5:23cv83, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions
J. Land finds in favor of the police officer in a civil rights and excessive force action brought by the driver arising from her DUI arrest. The driver suffered a broken arm after the officer tackled her. The officer is entitled to qualified immunity. A reasonable officer could have believed that probable cause existed to arrest the driver for DUI because witnesses at the crash scene told the officers that the driver admitted to ingesting beer and Xanax. The officers also believed the driver's breath smelled like alcohol. The officer could have reasonably interpreted the driver's move to pull away while she was being handcuffed as resistance.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: February 5, 2024, Case #: 3:22cv49, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Royal grants the mother's motion to proceed in forma pauperis in a civil rights and defamation action against the case worker and department director. The mother claimed she was prosecuted for cruelty to children based on false evidence and testimony provided by the case worker and director. The mother has shown she cannot pay court fees due to poverty. The mother is in debt, has three children and lives without any income or assets. However, the mother must amend her complaint because she failed to state a cognizable claim for relief with respect to the alleged civil rights violations and failed to address the status of her underlying criminal case.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: February 5, 2024, Case #: 5:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Self directs the individual to amend his civil rights action against the police officers arising from his arrest after an encounter with them at a gas station. The action is a shotgun pleading which fails to comply with the rules of civil procedure and does not give the officers adequate notice of the grounds on which each claim rests. The individual is ordered to show cause by Feb. 14 why one officer should not be dismissed from the action for failure to effect timely service.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 31, 2024, Case #: 5:17cv173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Treadwell partially rules in favor of the college in a disability discrimination action brought by the professor alleging violations of the ADA and Rehabilitation Act arising from his termination. The professor was fired after his requests to teach remotely or become an adjunct at the online campus to accommodate his high-risk medical status during the Covid-19 pandemic were denied. The college is immune from the professor's Title I and Title II ADA claims. The college's reasons for firing the professor due to his inability to teach in-person classes and exhaustion of FMLA leave could be related to the college's interest in prioritizing students' needs. However, it is not clear that a transfer to the online campus was an unreasonable accommodation. The college is not entitled to summary judgment on the professor's failure to accommodate or disability discrimination claims.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 31, 2024, Case #: 5:22cv74, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Land denies the parent charity's motion to dismiss the state charity's second amended counterclaim for misappropriation of trade secrets and breach of contract. The state charity sufficiently alleged that its donor list was a protectable trade secret and that the parent charity engaged in misappropriation by accessing the donor list under false pretenses and by sharing it with other charity chapters. However, the motion is granted to the extent that the state charity brings an independent, separate claim for breach of the duty of good faith and fair dealing.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 26, 2024, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Self denies the Secretary of the Air Force's motion to dismiss the employee's race and age discrimination action. The employee properly served the attorney general by putting copies of the summons and complaint in the mail four days before the deadline. The employee is therefore entitled to reasonable time to cure his failure to serve the local U.S. attorney. Although the employee mailed documents to the Secretary at an incorrect address, the error was not unreasonable and the employee mailed new copies to the Secretary's preferred address two weeks after being alerted of the mistake.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: January 25, 2024, Case #: 5:23cv210, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Land upholds the bankruptcy court's order denying the firm's motion for a new trial on the decision denying the firm's earlier motion to object to the confirmation of the client's Chapter 13 plan. The bankruptcy court correctly found that the client declared bankruptcy in good faith and properly rejected the firm's arguments that the client's failure to account for child support in her bankruptcy plan showed bad faith.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 24, 2024, Case #: 4:23cv119, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy