86 results for 'judge:"McFadden"'.
J. McFadden grants, in part, default judgment to a group of soldiers, government contractors and their families in their terrorist attack-related case against the Islamic Republic of Iran. They have shown Iran is liable for their injuries, and they are due compensatory and punitive damages.
Court: USDC District of Columbia, Judge: McFadden, Filed On: July 27, 2023, Case #: 1:21cv1308, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Terrorism, Damages
J. McFadden finds that the trial court improperly denied the patient's motion for class certification in a putative negligence, invasion of privacy and breach of contract class action against the owner of a private mental health and substance abuse treatment facility. The patient alleged that the facility's conduct enabled its former employee to disclose the private health information of more than 1,400 patients to unauthorized individuals. The trial court incorrectly found that the patient had not established commonality or typicality. The fact that the proposed class members had different types of documents disclosed does not defeat commonality because the patient alleged that it was the facility's conduct in enabling the ex-employee to disclose the documents which was common as to all the class members. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 29, 2023, Case #: A23A0605, Categories: Negligence, Class Action
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J. McFadden finds that the trial court improperly ruled in favor of the hotel on the guest's breach of contract, invasion of privacy, false imprisonment and punitive damages claims in an action arising from the guest's forcible eviction from a hotel room. A genuine issue of fact exists as to whether the guest was entitled to a later check-out time under the terms of the hotel's customer loyalty program. However, the trial court properly found in favor of the hotel on the guest's assault and battery claims based on the actions of police who responded to the hotel's call. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 28, 2023, Case #: A23A0212, Categories: Privacy, Contract
J. McFadden finds that the juvenile court properly entered an order finding two children dependent. Sufficient evidence was presented to support the order, including evidence that the father refused to engage with or cooperate with the department and failed to comply with a case plan to reunify the family. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 28, 2023, Case #: A23A0355, Categories: Family Law
J. McFadden finds that the trial court improperly granted the department's motion to dismiss a wrongful death action brought by the decedent's parents arising from a car collision. The trial court incorrectly dismissed the parents' claim for negligent inspection of the intersection where the collision occurred. However, the trial court correctly dismissed the parents' claim for negligent design of the intersection. The parents' expert was not licensed as a professional engineer until after the intersection had been designed and therefore could not testify under the statute about the generally accepted engineering or design standards in effect at the time of the design. Affirmed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0404, Categories: Negligence, Experts, Wrongful Death
J. McFadden finds that the trial court improperly found partially in favor of the former employee on his breach of contract claim against the employer arising from the employer's alleged failure to fully pay him an incentive award. The trial court incorrectly found that the employee was entitled to the full amount of long-term incentive in the agreement without considering the employer's audited financial statements. The trial court correctly denied the employer's cross-motion for summary judgment on the beach of contract claim. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0490, Categories: Contract
J. McFadden finds that the trial court properly entered an order awarding a couple $648,000 as compensation for the partial taking of their property for a highway project. The department failed to properly preserve its evidentiary challenges for appellate review and failed to clarify whether the trial court definitively ruled on the renewed pre-trial motion to prevent the introduction of evidence related to purported consequential damages caused by the project. The department failed to show that the trial court committed any plain error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0136, Categories: Property
J. McFadden finds that the trial court improperly ruled in favor of the store owner in a premises liability action brought by the customer arising from a trip-and-fall incident. A genuine issue of fact exists as to whether a floor mat on the premises was a hazardous condition. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0240, Categories: Negligence, Premises Liability
J. McFadden finds that the trial court properly convicted defendant of second degree murder, child cruelty and influencing witnesses. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant caused his girlfriend not to cooperate with an investigation into the infant victim's welfare and that his action was a proximate cause to the pain the victim experienced which led to her death from massive head trauma. Defendant failed to show that his trial counsel was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 23, 2023, Case #: A23A0517, Categories: Ineffective Assistance, Murder, Child Victims
[Consolidated.] J. McFadden finds that the trial court properly granted the county's motion for judgment on the pleadings in a negligence action brought by the widow arising from decedent's death by suicide in the county jail. The county did not waive its sovereign immunity. However, the trial court improperly found in favor of two jail officers. Genuine issues of fact exist as to whether they negligently failed to perform the ministerial duty of checking on decedent at least every 15 minutes and whether decedent's death was a reasonably foreseeable consequence of the failure to observe him. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 23, 2023, Case #: A23A0301, Categories: Negligence
J. McFadden finds that the trial court improperly granted the seller's motion to dismiss a fraud, negligent misrepresentation and breach of contract action brought by the buyer arising from water intrusion defects in a home that were allegedly concealed by the seller. It is not clear that the inspection report put the buyer on notice of the defects such that it did not act with reasonable diligence when it went ahead with the closing. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0471, Categories: Fraud, Contract
J. McFadden finds that the trial court properly ruled in favor of the medical center in a medical malpractice action brought by the children arising after their mother died from post-surgical internal bleeding. The trial court correctly disqualified the children's expert witness because he was not qualified to opine on the standard of care for nurses to identify signs of post-surgical internal bleeding and report them to a surgeon. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0267, Categories: Experts, Medical Malpractice
J. McFadden finds that the trial court improperly denied the vehicle owners' motion for summary judgment as to the driver's negligent entrustment and vicarious liability claims arising from injuries he suffered when a car driven by the individual rolled down a hill and hit his vehicle. There is no evidence that the owners knew the individual was an incompetent or habitually reckless driver. The driver also failed to show that any employment or agency relationship existed between the owners and the individual. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0553, Categories: Negligence
J. McFadden finds that the trial court properly convicted defendant of aggravated assault and possession of a firearm during the commission of a crime. The trial court correctly denied defendant's motion to suppress evidence found in a warrantless search of his car because the motion was untimely. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0321, Categories: Firearms, Assault
J. McFadden finds that the trial court properly convicted defendant of possession of methamphetamine, obstruction of an officer and having no proof of insurance. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant drove his vehicle into an officer's patrol car. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0071, Categories: Drug Offender, Obstruction
J. McFadden finds that the business court properly ruled that a restrictive covenant blocking the former employees from soliciting people who work for their former employer is unenforceable as to the employees' conduct after the termination of their contracts. The decision arose after the employees asserted class action fraud, declaratory relief and breach of contract claims in response to the employer's breach of contract action. The restrictive covenant does not contain an expressly stated geographic limitation and is therefore unreasonable under Georgia’s Restrictive Covenants Act. The business court correctly refused to modify the restrictive covenant to make it enforceable. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 13, 2023, Case #: A23A0162, Categories: Contract
J. McFadden finds that the trial court improperly refused to find in favor of the restaurant on the customer's premises liability, nuisance and negligent training claims arising from chemical burn injuries he suffered when he submerged his hand in a pitcher of liquid nitrogen on a dare. A restaurant employee offered to pay the dinner bill if the customer kept his hand in the pitcher for three seconds. The employee was not acting within the scope of his employment when he dared the customer. The customer also failed to show that the restaurant knew the employee would engage in such conduct. However, the trial court correctly refused to find in favor of the restaurant on derivative claims for punitive damages and attorney fees because three negligence claims remain pending. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 6, 2023, Case #: A23A0520, Categories: Negligence, Premises Liability
J. McFadden finds that the trial court improperly denied defendant's motion to suppress evidence which led to her being charged with DUI. The state failed to show that defendant's detention was not unlawfully prolonged because time elapsed between when defendant was stopped by deputies and when the DUI investigation began. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 5, 2023, Case #: A23A0200, Categories: Evidence, Dui