54 results for 'judge:"Land"'.
J. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: Burglary, Jury, Robbery
J. Land finds that the trial court improperly refused to rule in favor of the homeowners in a negligence action brought by the mail carrier arising from injuries she suffered after slipping on a pile of leaves and falling down the homeowners' front steps while delivering a package. The mail carrier failed to show that the homeowners had superior knowledge of the allegedly hazardous condition of their porch. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 8, 2023, Case #: A23A1122, Categories: Negligence, Premises Liability
J. Land partially grants a company's pre-trial motion to exclude certain settlement communications in a breach of contract action against a former employee. The employee may not introduce the post-preliminary injunction takedown communications. The company's motions regarding exclusion of the fifth amended agreement and evidence related to quantum meruit damages are also granted. The agreement is not relevant to any remaining issues in the case. The employee's motion to exclude testimony from a certified public accountant on the company's damages is denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: September 6, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Land refuses to find in favor of the medical alert company on the son's negligence action alleging violations of Georgia's Fair Business Practices Act and Unfair and Deceptive Practices Towards the Elderly Act. The action arose after the company's emergency response system operator failed to tell a local 911 service that the mother's doors were locked and failed to convey that she had lost contact with the mother. Emergency treatment was delayed as a result and the mother went into cardiac arrest and died three days later. Genuine issues of fact exist as to whether the company offered its medical alert systems for sale to the general public and whether it made false representations about its system which contributed to the mother's death.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: August 29, 2023, Case #: 4:21cv71, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Business Practices
J. Land finds that the trial court properly denied defendant's motion to suppress the results of a state-administered breath test that led to his DUI charge. The trial court correctly found that defendant voluntarily consented to the breath test. There was evidence that defendant was not so impaired that he was incapable of consent and there was nothing coercive or threatening about his interaction with the police officer. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: August 7, 2023, Case #: A23A0949, Categories: Dui
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Land finds in favor of the private Christian school in a race and disability discrimination action brought by a mother on behalf of her son arising after he was dismissed from the school. The son, who is Black and has been diagnosed with autism and ADHD, was considered withdrawn from the school after the headmaster refused to agree to a therapy plan to return the son to in-person classes. The mother failed to show that the son was qualified to return to the school even with the requested accommodations. The mother failed to show that white students were treated less harshly than the son or that their misconduct was materially similar to the son's. The school's reasons for dismissing the son based on his continued behavioral problems and history of property destruction were not pretextual.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: August 7, 2023, Case #: 4:21cv205, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Land finds that the trial court properly granted the father's petition to legitimate a child born out of wedlock. There is sufficient evidence to show that the father did not abandon his opportunity interest in developing a relationship with the child. The mother had adequate notice of the legitimation proceeding and participated in the hearing by testifying and calling witnesses. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: August 3, 2023, Case #: A23A0831, Categories: Family Law
J. Land finds that the trial court properly ruled in favor of the construction company on the city's claim for liquidated damages in a breach of contract action. The trial court correctly found that a delay clause in the contract for construction of a park was not an enforceable liquidated damages provision. There is no evidence that the daily penalty in the clause is a reasonable estimate of the probable loss from a delay in building the park. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: July 27, 2023, Case #: A23A0843, Categories: Damages, Contract
J. Land finds that the trial court properly convicted defendant of DUI and traffic offenses. The trial court correctly denied defendant's motion in arrest of judgment alleging that the amended accusation against her was void because it was filed outside the two-year statute of limitation. Covid-19 judicial emergency orders suspended the running of the limitation period for 122 days, therefore the statute of limitation did not expire until after the amended accusation was filed. The state was not required to notify defendant of the Covid-19 tolling provision in the amended accusation. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: July 20, 2023, Case #: A23A1032, Categories: Criminal Procedure, Dui
J. Land grants the government's motion to dismiss the individual's action under the Administrative Procedure Act and Federal Tort Claims Act alleging that the U.S. Patent and Trademark Office improperly denied her two patent applications and deemed the applications abandoned. The individual claims to be the true inventor of Huggies "Pull-Ups" diapers. The individual failed to exhaust her administrative remedies and her claims under the Administrative Procedure Act are barred by collateral estoppel.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: July 20, 2023, Case #: 3:22cv83, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Land denies the licensee's motion to dismiss a declaratory judgment action brought by the McDonald's charity organization seeking an order affirming that assets accumulated through fundraising using McDonald's trademarks can only be used for purposes consistent with the original license agreement. The agreement is not a personal contract as to both parties under Illinois law and the licensee's consent to the company's assignment of the agreement to the charity organization was valid.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 27, 2023, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Contract
J. Land partially grants the manufacturer's motion to exclude expert testimony from a professor and a urogynecologist in a product liability and fraud action brought by the individual arising from injuries she suffered when she was implanted with the manufacturer's Obtryx transobturator midurethral sling device. However, the professor may offer opinions about clinical complications caused by the degradation of materials and the urogynecologist may offer some opinions including on whether the individual had pudendal neuralgia and whether polypropylene mesh can degrade in the human body. The manufacturer's motion for summary judgment is granted as to the individual's fraud claims but denied as to the failure to warn and punitive damages claims. The individual's motion for partial summary judgment is also partially granted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 22, 2023, Case #: 4:22cv21, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability, Experts
J. Land finds that the trial court properly convicted defendant of offenses in connection with the assault of his girlfriend. Defendant's Sixth Amendment rights were not violated when an investigator and an assistant district attorney listened to three recorded jailhouse phone calls between defendant and one of his earliest attorneys. There is no reasonable expectation of privacy in recorded phone calls made from jail or prison, therefore defendant cannot rightfully contend that his calls were confidential or privileged. The state did not seek to admit the calls into evidence and they only came up outside the presence of the jury during defendant's cross-examination of the investigator. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 20, 2023, Case #: A23A0577, Categories: Assault, Civil Rights
J. Land finds that the trial court properly found partially in favor of a sister in an action brought by her brother arising from a property dispute. The brother was not entitled to notice of the sale of the property from the Georgia Department of Transportation to the sister under the statute because the brother was not the owner of the property at the time it was acquired by the department. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 20, 2023, Case #: A23A0628, Categories: Property
J. Land denies the power companies' motions to exclude expert testimony from a mechanical engineer and a real estate appraiser in a nuisance and negligence action brought by the neighbors arising from excessive noise, light, odor and smoke coming from a biomass power plant. The power companies' motions for summary judgment are also partially denied. However, the motions are granted as to the neighbors' claims for nuisances other than noise, vibrations and emissions of particulate matter and continuing nuisance claims based on air quality issues after June 2020. The neighbors presented evidence showing that the county found a violation of the nuisance ordinance with regard to the plant's noise levels and presented evidence showing that the plant routinely had long, loud steam releases.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 16, 2023, Case #: 3:21cv42, NOS: All Other Real Property - Real Property, Categories: Negligence, Experts
J. Land finds in favor of the company buyers as to the seller's counterclaims for breach of various contracts, breach of a consulting agreement as it relates to the seller's reimbursement requests and counterclaims alleging that a non-compete provision of a contract is unenforceable. However, the seller's cross-motion for summary judgment is granted as to the buyers' claims for breach of non-compete obligations and copyright infringement and his counterclaim for withholding of a warranty deposit.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 15, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Land finds that the trial court properly convicted defendant of failing to register as a sex offender. Sufficient evidence was presented to support defendant's conviction. Defendant failed to give the sheriff's office his updated address and sleeping location within 72 hours of being evicted and becoming homeless. The statute therefore applied to defendant. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: June 7, 2023, Case #: A23A0599, Categories: Sex Offender
J. Land grants the motion to dismiss the individual's civil rights, excessive force and malicious prosecution action with respect to three police officers. The individual knew or should have known of the injuries giving rise to his excessive force, assault, battery and unreasonable search claims on the date of his arrest but failed to file his action until four years later. The claims are therefore time-barred. However, the motion is denied as to the individual's malicious prosecution claim against one police officer and two probation officers. The individual adequately alleged that the probation officer should have known the probation warrant was not supported by probable cause and that the police officer should have known the arrest warrant for loitering and prowling lacked probable cause.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 3:22cv77, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Land finds in favor of the Securities and Exchange Commission in a fraud action against the brothers arising from a free-riding scheme that resulted in $12,000 in losses to two registered broker-dealers. One brother is liable for disgorgement in the amount of $12,000 and each brother is ordered to pay a $25,000 civil penalty.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 4:22cv149, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Land enters an injunction finding that the corporations created and maintained a nuisance at the Lumpkin Solar Facility that caused sedimentation to pollute the farm's wetlands, streams and lake for approximately two years. The corporations are ordered to eliminate the transport of sediment to the farm, prepare and complete erosion and pollution control plans, complete a hydrology study, prepare a stormwater management report and abide by other requirements.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 5, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Environment, Restraining Order
J. Land finds that the trial court properly ruled partially in favor of the son in a wrongful death and negligence action against the apartment complex arising from its failure to provide a personal emergency response device to the father. The father died after suffering a stroke in the complex. The trial court correctly found in favor of the son on the issue of the complex's negligence per se and did not abuse its discretion in allowing an expert in property management to testify. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 30, 2023, Case #: A23A0462, Categories: Negligence, Housing, Wrongful Death
J. Land finds that the trial court improperly upheld the decision by the state board of workers' compensation adopting an administrative law judge's denial of the employee's motion for a change of physician. The employer kept the panel list of doctors posted in a locked room that could be accessed only by a key kept in a locked box in a different room. The administrative law judge incorrectly held that because the panel was located in an area which was technically accessible, it was therefore posted in a prominent location in accordance with the statute. The panel was not easily seen by most employees. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 24, 2023, Case #: A23A0290, Categories: Workers' Compensation
J. Land finds that the trial court improperly ruled in favor of the city in a negligence action brought by the individual arising from ankle injuries she suffered after stepping into a pothole. Questions of fact remain as to whether the city had actual or constructive notice of the pothole. The city's log showed that its employees had notice of the pothole more than five years before the instant incident occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 23, 2023, Case #: A23A0318, Categories: Negligence, Premises Liability