105 results for 'court:"USDC Middle District of Georgia"'.
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
J. Treadwell partially rules in favor of the employer in a civil rights action brought by the employee alleging violations of the Family and Medical Leave Act, the Rehabilitation Act and the ADA. The employee was fired after the employer determined it had no job roles that met the work restrictions set by the employee's doctor after a neck surgery for arthritis. The employer had no duty to accommodate the employee for restrictions that did not affect her ability to do her job. However, an issue of fact exists as to whether the employee's disability played a role in her termination. The employer also failed to point to a legitimate, nonretaliatory reason for the termination. The employer is not entitled to summary judgment on the employee's claim that it violated the Fair Labor Standards Act by failing to pay her a regular wage for work done during her leave.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 23, 2024, Case #: 5:22cv195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Retaliation
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J. Land denies the companies' motions for judgment as a matter of law and new trial in a breach of contract action against the business owner. The business owner's motion to alter or amend the judgment is also denied. The jury verdict in favor of the companies on the owner's breach of contract counterclaim and in favor of the owner as to a breach of contract claim is supported by the evidence and is not contrary to the law. Both parties' motions for attorney fees are denied. The companies did not sufficiently prevail on their claim for breach of a consulting agreement to be entitled to recover their litigation expenses, including attorney fees. The previously entered judgment will be amended to remove language that the parties will bear their own costs and replaced with language reflecting that the owner will recover their costs from the companies in the amount of $34,000.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 11, 2024, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Treadwell grants the employer's motion to dismiss the employee's hostile work environment and retaliation claims in a civil rights action. The action arose from the employee's termination days after she complained to a manager about a co-worker taking a photo of her buttocks and showing the photo to others. The employee failed to allege sufficient facts to show that the co-worker's conduct was so severe or pervasive as to alter the conditions of her employment. The employee also failed to show that she engaged in protected activity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 10, 2024, Case #: 5:23cv208, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Sands denies the siblings' motion to compel deposition testimony in a civil rights action against the police officers arising after a warrantless search of the siblings' home during which they allegedly suffered physical and emotional injuries. The siblings seek disclosure of an unidentified witness's name and contact information. The officers have an interest in not disclosing the identity of the witness, who provided the officers with a tip about an unusual amount of activity in and out of the siblings' home, in light of the brother's own testimony about his violent history. Any testimony the witness could provide would be duplicative of the information already provided by the officer.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: January 2, 2024, Case #: 7:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
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. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, Labor
J. Land denies Ford's motion for summary judgment in a renewed product liability and negligence action brought by a deceased driver’s mother and a passenger. The driver lost control of a 2001 P207 Ford Explorer Sport Trac when the tread on a tire separated. The vehicle rolled over four times. A reasonable jury could find that Ford knew the vehicle’s target understeer gradient was low and that the issue often caused drivers to lose control of their vehicles. A genuine issue of fact exists as to whether Ford acted with reckless, willful or wanton disregard for life or property in designing the vehicle.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:22cv62, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Land denies the farm's motion for reconsideration of an earlier order finding that the jury's excessive compensatory and punitive damages award for lake repair costs warranted a new trial. The evidence did not support the jury's $1.5 million award to repair the farm's property and the compensatory damages award for the loss of use and enjoyment of the farm's property exceeded the fair market value of the property. The instant court used its "enlightened conscience" to determine the remittitur amounts and the remitted damages are supported by the evidence. The farm's motions for leave to file an interlocutory appeal and to certify questions to the Georgia Supreme Court are denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 13, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Damages
J. Land grants the insurer's motion for partial summary judgment in a breach of contract action brought by the insured arising after the insurer denied a claim for hail damage. The insurer relied on the opinion of an independent consultant who previously worked in construction and is a licensed insurance adjuster in denying the insured's claim for roof damages caused by hail. The insured failed to show that it was unreasonable for the insurer to rely on the consultant's advice just because he is not a roofing contractor.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 4:22cv40, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Land rules in favor of the dissenting shareholders in a judicial appraisal action arising after the shareholders demanded a payment of $1.25 per share. The shareholders invoked their right under the Georgia Dissenters' Rights law to be paid for their shares after dissenting to the board of directors' recommendation that the corporation sell some assets to another company and enter a joint venture that would combine the corporation with another entity. The fair value of the corporation as of the valuation date is 56 cents per share.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 3:22cv7, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Land partially denies in part the GBI agent's and the forensic analyst's motion to dismiss a civil rights action brought by an individual after he was exonerated of crimes including rape and assault for which he was imprisoned for nearly four decades. The individual alleges that his convictions arose from police misconduct including destruction of evidence and fabrication of inculpatory evidence. The GBI agents' and investigators' motion to dismiss the individual's claims for fabrication and concealment of evidence, conspiracy, malicious prosecution and right of access to courts is denied. The city's motion to dismiss is denied. The individual's proposed state law claims against the deceased officials' personal representatives are barred.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 22, 2023, Case #: 4:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Lawson grants the management company's motion to dismiss a race discrimination and retaliation action brought by the former employee. The employee, a Black woman, alleged she faced racially motivated comments from other employees and claimed that a supervisor made an inappropriate remark about her hair. The employee failed to sufficiently allege that the company intentionally discriminated against her and failed to allege that she suffered an adverse employment action while employed by the company.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 14, 2023, Case #: 7:23cv68, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Lawson partially rules in favor of the insurer in a breach of contract action brought by a subcontractor arising from a military construction project. Although the subcontractor satisfied the notice requirements under a subcontractor payment bond, questions of fact remain as to the terms of the contract between the subcontractor and the company. The company's motion for summary judgment is denied because genuine issues of fact exist as to the terms of a purchase order agreement and whether the parties had an additional, oral profit-sharing agreement.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 13, 2023, Case #: 7:21cv79, NOS: Miller Act - Contract, Categories: Insurance, Contract
J. Land partially rules in favor of the employer in the employee's action alleging retaliation in violation of the Federal Railroad Safety Act. The employee claimed he was suspended and fired for reporting on-the-job injuries, filing personal injury claims under the Federal Employer's Liability Act, reporting locomotive issues and complying with the hours-of-service law which resulted in delays. The employer's motion for summary judgment is granted as to the claim arising after the employee reported work-related injuries. The employee failed to show that the injury reports contributed to the unfavorable personnel actions. However, the employer's motion is denied as to the claims based on reporting locomotive problems and complying with hours-of-service requirements. The employee presented evidence which could contradict the employer's stated reason for his removal from service and termination.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 7, 2023, Case #: 4:22cv117, NOS: Railway Labor Act - Labor, Categories: Employment Retaliation
J. Lawson grants the Department of Homeland Security's motion to dismiss an action brought by the immigrant under the Administrative Procedure Act and Declaratory Judgment Act challenging the decision by U.S. Citizenship and Immigration Services denying her applications for a waiver of her inadmissibility and seeking adjustment of her status as the beneficiary of an approved immigrant visa. The Immigration and Nationality Act precludes judicial review of the agency's decisions, therefore the court lacks subject matter jurisdiction over the immigrant's claims.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 31, 2023, Case #: 7:22cv146, NOS: Mandamus & Other - Habeas Corpus, Categories: Immigration
J. Sands partially refuses to rule in favor of the Taser manufacturer in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death from "excited delirium" after deputies shocked him with Tasers multiple times. The manufacturer's motion for summary judgment is denied with respect to the strict products liability claim based on a failure to warn theory because a reasonable jury could find that the manufacturer's warnings were insufficient. An issue of fact also exists as to whether the Taser caused the decedent's death. However, the manufacturer's motion is granted with respect to the claim for strict products liability based on a design defect theory because there is no issue of fact as to whether the Taser was an inherently dangerous product.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 31, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Product Liability
J. Land denies the companies' motions for judgment as a matter of law in a trespass and negligence action brought by the couple except with regard to the compensatory and punitive damages awards, which are remitted to various degrees. The couple alleged that the companies polluted their property and fishing lake while building a solar panel energy facility. The jury awarded the couple $10.5 million in compensatory damages and $125 million in punitive damages. The compensatory damages award to the couple's farm is remitted to $296,000 and the compensatory damages awards to the husband and wife are remitted to $487,000 each. The evidence at trial did not support the award to repair the couple's property. The award of damages for the couple's temporary loss of use of their property exceeds the fair market value of the property and is excessive. The punitive damages award against the energy company is remitted to $1.1 million and the punitive damages award against the construction companies is remitted to $1.5 million.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: October 23, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Damages, Negligence
J. Sands partially grants the developer's motion and severs two state law claims from its mandamus action against the county challenging a re-zoning decision. The two claims appealing the zoning decision and seeking mandamus against the board members are remanded to Lowndes County superior court. The claims do not raise a substantial federal issue.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 20, 2023, Case #: 7:23cv39, NOS: Other Civil Rights - Civil Rights, Categories: Zoning
J. Lawson grants the hospital's and treasurer's motions to dismiss an action brought by the relator under the False Claims Act and the Georgia False Medicaid Claims Act alleging that the hospital knowingly submitted fraudulent claims to the government for payment and fired the relator when she confronted them. The relator failed to plead facts sufficient to put the hospital on notice of the claims against it and failed to establish a reliable basis for the assertion that the hospital submitted false claims for payment. The relator also failed to adequately allege that the hospital knowingly made any false statement for the purpose of getting a false claim paid by the government.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 12, 2023, Case #: 7:21cv72, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Employment Retaliation
J. Sands denies the truck driver's and motor carrier's motion to exclude testimony from an accident reconstructionist in a negligence action brought by a couple arising from injuries the husband suffered in a fall when the truck driver hit a utility boom truck. The reconstructionist is qualified to testify based on his participation in more than 1,000 accident reconstructions, status as president of a company which reconstructs car crashes and other factors. The reconstructionist is not attempting to provide opinions on human factors like whether the truck driver should have recognized the utility truck.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 6, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
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. Land denies a motion to dismiss the insurance company's interpleader action seeking to deposit life insurance funds in dispute by multiple parties and relieve itself of the liability of distributing them. There being no reason to abstain taking action in this lawsuit in light of a parallel state-court proceeding, the insurance company is permitted to deposit the $1,000,510 in proceeds into the court's registry, and a stay of discovery and pretrial proceedings in this matter is lifted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: October 3, 2023, Case #: 4:23cv36, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Royal denies the CIA's motion to dismiss a pro se lawsuit from a former employee over what he claims was the wrongful denial of his application for disability retirement benefits, as the record shows the employee exhausted his administrative remedies. The employee's motion to appoint him counsel is also denied because he has not shown any "exceptional circumstances" requiring the court to exercise its discretion to do so.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 29, 2023, Case #: 3:22cv81, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Insurance