17 results for 'judge:"Self"'.
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. 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. 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
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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. 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. 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. 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. Self grants the employer's motion to dismiss the employee's claims alleging race discrimination and retaliation under Title VII of the Civil Rights Act. The employee, a Black woman, alleged she did not receive a promotion despite taking on managerial duties and was tasked with cleaning toilets while white managers were not. The employee failed to exhaust her administrative remedies with the Equal Employment Opportunity Commission before filing her action. However, the employee sufficiently stated a separate claim for race discrimination so the employer's motion is denied in that respect. The employee's claim for retaliation under the Family and Medical Leave Act is dismissed but her FMLA interference claim may move forward.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: December 29, 2023, Case #: 3:23cv83, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Self denies the company's and insurance company's motions for summary judgment in a breach of contract action brought by the insurer arising from a coverage dispute. The insurer seeks indemnification from the insurance company for a $5 million settlement reached in an underlying wrongful death action. The insurance company is not a party to the master agreement and therefore lacks standing to challenge its validity. The terms of the agreement require the company to indemnify the mill operator and a jury must decide the degree of fault between the company and the mill operator with regard to the company's employee's death from asphyxiation. The insurer's motion for summary judgment is partially granted as to the claims against the insurance company.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: October 6, 2023, Case #: 5:20cv279, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Self finds in favor of the employer in a civil rights, emotional distress and breach of contract action brought by the Christian ex-employee alleging religious-based discrimination. The employee was fired for insubordination after refusing to follow the employer's Covid-19 vaccination policy. The doctor who founded the employer is not an employee subject to the employer's control, therefore the employer does not meet the Title VII definition of "employer" because it did not have 15 or more employees per working day. The employer cannot be held liable under Title VII.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: August 2, 2023, Case #: 3:22cv75, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
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. 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. 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