119 results for 'court:"USDC Northern District of Georgia"'.
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J. Totenberg denies the officials' motion to dismiss the couple's mandamus action alleging that the officials unreasonably delayed adjudicating the immigrant husband's I-601A provisional unlawful presence waiver application. The couple seeks to compel the officials to adjudicate the application, which has been pending for more than two years. The waiver provision of the Immigration and Nationality Act does not strip the instant court of jurisdiction to review the couple's unreasonable delay claim because the provision precludes judicial review of actions, not inaction.
Court: USDC Northern District of Georgia, Judge: Totenberg, Filed On: March 21, 2024, Case #: 1:23cv1478, NOS: Other Immigration Actions - Immigration, Categories: Immigration
J. Grimberg adopts the magistrate judge's recommendation and partially grants the employer's motion to dismiss the employee's civil rights and employment retaliation action alleging that she was fired after refusing her supervisor's sexual advances. The employee's claims alleging race, age, disability and religion-based discrimination are dismissed. However, the employee's Title VII sexual harassment claim may proceed. The employee sufficiently alleged that her supervisor fired her for violating a policy against discarding food products when she had not violated the policy.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: March 20, 2024, Case #: 1:23cv914, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Thrash denies the buyer's and magazine's motions to dismiss the supplier's false advertisement counterclaims and grants the supplier's motion for judgment on the pleadings in a breach of contract action brought by the buyer. The action arose after the supplier stopped fulfilling purchase orders when the buyer allegedly published a defamatory ad about the products in the magazine. The buyer's allegations do not support the existence of a requirements contract obligating it to buy goods exclusively from the supplier.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 19, 2024, Case #: 1:23cv4349, NOS: Other Contract - Contract, Categories: Contract
J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Thrash partially grants the bar patron's motion to amend a battery, assault, malicious prosecution and civil rights action against the county and police officers arising after officers who worked security at a bar allegedly pushed him down a staircase, slammed him to the ground and broke his neck. Two companies are dropped as defendants in the action. The officers failed to show that the patron should not be allowed to modify factual allegations which do not contradict those in the original complaint. The patron's motion to amend is denied as to the removal of references to a security video which appear in the original complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 13, 2024, Case #: 1:22cv883, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Assault
J. Brown grants the former colleagues' motion for partial summary judgment in a defamation action against the former attorney arising after he falsely accused them of criminal extortion in social media posts. The colleagues had threatened to sue the attorney if he did not accept a settlement demand arising after he failed to pay them under fee-splitting agreements. The threat to sue did not constitute extortion and no reasonable jury could find that the partners threatened to publicly question the attorney's mental health or interfere with his efforts to convince President Trump to award Richard Jewell the Presidential Medal of Freedom. The colleagues were not limited-purpose public figures. The parties' motions to seal are denied.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 12, 2024, Case #: 1:22cv1073, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Brown partially grants the manufacturer's and customer's motion to strike surplusage, irrelevant paragraphs and inappropriate arguments from the company's amended patent infringement counterclaims in a declaratory judgment action brought by the manufacturer. The manufacturer seeks a declaration that a pole for cleaning swimming pools does not infringe on the company's patents. Portions of the counterclaims describing the company's first pole patent application, discussing early communications between the parties and relating to allegations about the benefits of the company's patents are appropriate and will not be struck. The customer's motion to sever and stay the company's counterclaims against it is granted.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 11, 2024, Case #: 1:23cv790, NOS: Patent - Property Rights, Categories: Patent
J. Brown rules in favor of the insurer in a breach of contract action brought by the insured arising after the insurer refused to pay for a new roof on seven of the insured's buildings following alleged hail and vandalism damages. The insured failed to present evidence showing that its claim was timely or that vandalism damages to the roofs occurred after a company made repairs.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 8, 2024, Case #: 1:21cv4776, NOS: Insurance - Contract, Categories: Insurance
J. Boulee partially grants the former employee's motion for attorney fees and costs in a disability discrimination and employment retaliation action against the sheriff. The employee is awarded $287,000 in attorney fees. The employee's motion for prejudgment interest on her lost wages and reinstatement is granted in the amount of $8,000. The jury found that the employee would be capable of performing her job duties if reinstated.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: March 6, 2024, Case #: 1:20cv186, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Attorney Fees, Employment Retaliation
J. Brown adopts the magistrate judge's recommendation and partially rules in favor of the employer in a disability discrimination action. The employee, who has some hearing loss, alleged that he was retaliated against and unfairly fired after requesting accommodations. The employee abandoned his hostile work environment, retaliation and age discrimination claims. However, the employee presented sufficient evidence to create an issue of fact as to whether the employer failed to provide a reasonable accommodation. An issue of fact also exists as to whether the employer would still have fired the employee if not for his hearing loss and need for an accommodation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 6, 2024, Case #: 1:21cv5246, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Brown rules in favor of the officials in a civil rights and malicious prosecution action brought by the former social worker after she was arrested and lost her job for purportedly passing contraband to an inmate. The charges against the social worker were eventually dismissed. The special agent's motion to dismiss is granted only with respect to the social worker's illegal search claim. A reasonable jury could find that the agent intentionally made misstatements and omissions in the arrest warrant affidavit with respect to the contraband found in the inmate's cell and what was captured on a video of the social worker and the inmate. The agent is therefore not entitled to qualified immunity from the malicious prosecution claim.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 1, 2024, Case #: 1:21cv1992, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Brown denies the consumers' motion for class certification in a beach of contract action arising from the companies' failure to replace appliances after the appliances required more than three repairs under an extended service plan in one year. The consumers fail to identify a clear set of common issues and fail to show that their common issues predominate over individual issues raised by the variation in the companies' no-lemon guarantees. The consumers' motion to seal the class certification brief and supporting exhibits is denied and an earlier order requiring the companies to produce class discovery sought by the consumers is vacated.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: February 29, 2024, Case #: 4:22cv91, NOS: Other Contract - Contract, Categories: Class Action, Contract
J. Brown partially grants the couple's motions to dismiss an action brought by the ex-girlfriend alleging that the couple violated the Violence Against Women Reauthorization Act by showing people at a restaurant an intimate video of the ex-girlfriend without her consent. She sufficiently alleges that the couple's behavior in showing the video on a phone to other people at a public restaurant counts as "disclosing" it. Since a phone is an instrumentality of interstate commerce, the use of a phone to show the video satisfies the statutory requirements.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: February 28, 2024, Case #: 1:23cv3169, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy
J. Thrash denies the relator's motion to dismiss the medical equipment manufacturer's breach of fiduciary duty and breach of contract counterclaims in a False Claims Act action arising from the manufacturer's allegedly fraudulent claims for reimbursement and retaliation against the relator for trying to bring the manufacturer into compliance with the law. The breach of fiduciary duty counterclaim based on the relator's alleged mishandling of a license renewal application is not barred by public policy. A reasonable jury could find that misleading the manufacturer with respect to how the renewal process was going was sufficiently negligent to be considered a breach of the duty of care. However, the counterclaim based on the relator's used of confidential information is barred by public policy.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 27, 2024, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fiduciary Duty, False Claims
J. Boulee overrules the parties' objections and adopts the special master's report and recommendation with respect to claim construction of certain patent terms. The report arises from a dispute over a patent for a catheter tray packaging system. It is not necessary at this point in the proceedings to add any clarifications to the special master's proposed construction of the term "catheter assembly." The special master's construction of other terms resolved the parties' dispute with respect to those terms. The action is referred to private mediation.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 20, 2024, Case #: 1:20cv3981, NOS: Patent - Property Rights, Categories: Patent
J. Thrash grants the manufacturers' motion to dismiss a product liability action brought by the consumer alleging that she developed acute lymphoblastic leukemia after using the manufacturers' Neutrogena Beach Defense sunscreens. The consumer failed to plausibly establish that the sunscreens she used contained the carcinogen benzene and that the manufacturers' products caused her injuries. A recall notice stating that benzene was identified in some samples of the products does not show that the sunscreens used by the consumer were among the samples.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 20, 2024, Case #: 1:23cv3127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Boulee grants the corporation's motion to compel arbitration in a putative class action brought by the news website subscriber alleging that the corporation shared her personal information without her consent in violation of the Video Privacy Protection Act. The subscriber, who signed up for an account on the news website via Facebook, agreed to the arbitration provision through a valid browsewrap agreement when she registered her account.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 12, 2024, Case #: 1:22cv4462, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Privacy, Class Action