32 results for 'judge:"Grimberg"'.
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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. Grimberg denies the individual's motion for leave to amend an amended civil rights action to add two police officers as defendants. The action arose after the individual was handcuffed and detained naked outside his home while police executed a search warrant on the property. The claims against the two officers were previously dismissed in an order addressing the original action. The individual failed to show good cause to amend his action and delayed in seeking leave to amend. The individual waited until after the closure of two discovery periods to try to find out the officers' role in his seizure.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: February 8, 2024, Case #: 1:20cv3409, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Grimberg denies the company's motion for an interlocutory appeal of an earlier order in an action brought by the relator alleging violations of the anti-kickback statute and False Claims Act. The order denied cross-motions for summary judgment and ruled on various motions to seal, exclude expert testimony and exclude evidence. It would not be appropriate to certify a question to the 11th Circuit as to whether a violation of the statute must be a but-for cause of a subsequent claim for that claim to be punishable under the Act. The relator's alternative theory of causation should proceed to trial.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: January 9, 2024, Case #: 1:18cv3728, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Grimberg finds that the district court improperly ruled in favor of the prison doctors in a civil rights action brought by the inmate alleging that they were deliberately indifferent to his serious medical needs. The inmate was diagnosed with Hepatitis C in 2009 but did not receive medication until nine years later, when the illness had already progressed to liver cirrhosis. Genuine issues of fact exist as to the doctors' actions and inactions in treating the inmate. There is evidence showing that one doctor's prescription of treatment was valid and medically necessary but that treatment was delayed by another doctor for reasons which are in dispute. The trial court correctly denied the inmate's motion to amend his complaint. Reversed in part.
Court: 11th Circuit, Judge: Grimberg, Filed On: October 11, 2023, Case #: 20-10150, Categories: Civil Rights, Prisoners' Rights
J. Grimberg finds in favor of the insurance company in a lawsuit from a beneficiary over the denial of her claim for long-term disability benefits filed when she stopped working after being diagnosed with scleroderma. The company successfully argues that given the timing of when the beneficiary became insured under the policy, when she received treatment for worsening symptoms and when she was actually diagnosed, her scleroderma was technically a pre-existing condition because she was treated for it during the three-month "look-back period" prior to her policy becoming effective, even though she was not diagnosed until after this period ended. These facts make the company's denial reasonable and neither arbitrary nor capricious, and the company's motion for summary judgment is granted and the beneficiary's motion for judgment on the administrative record is denied.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 29, 2023, Case #: 1:21cv2900, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Grimberg rules in favor of the city in a civil rights action brought by a company alleging that the city improperly enforced a constitutionally deficient signage ordinance in rejecting the company's sign permit applications. There is no evidence that the city's staff made a final denial of the company's applications. The record in the case has insufficient information for a proper evaluation of the city's reasons for allegedly denying the applications. The ordinance has also been repealed and replaced.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Zoning
J. Grimberg rules in favor of the Ralph Lauren subsidiary company in a trademark infringement and unfair competition action against an individual and the clothing store to recover damages premised on the individual's underlying guilty plea to trafficking in counterfeit Ralph Lauren goods. The company's motion for summary judgment is granted as to the individual because the counterfeit goods he admitted to selling caused consumer confusion. However, a genuine dispute of fact exists as to whether the store, which has two locations, used the Ralph Lauren marks in commerce.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:21cv1936, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Grimberg rules in favor of the government in an action brought by individuals under the Federal Tort Claims Act after their vehicle was rear-ended by a driver they allege to be an FBI agent. The driver is a MARTA employee who is part of an FBI task force. MARTA was responsible for the driver's pay, overtime, leave and other personnel matters. The driver was not a borrowed servant of the FBI at the time of the collision because he was on his way home from a counterterrorism training session hosted by MARTA for MARTA employees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 27, 2023, Case #: 1:21cv184, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Grimberg grants the distributor's motion for default judgment in an action against the bar to recover for the unauthorized interception and exhibition of a copyrighted fight program. The distributor sufficiently alleged that the bar received the program through an unauthorized cable system, streamed it through the internet to display for patrons and failed to pay a commercial licensing fee. Statutory damages are awarded to the distributor in the amount of $3,500. The distributor is entitled to $2,400 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv1248, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Grimberg grants the software development corporation's motion for default judgment in a breach of contract action against the company and awards the corporation $561,000 in contract damages and $171,000 in pre-judgment interest. The action arose after the company failed to pay for software development services. The company is ordered to show cause why the corporation should not also be awarded $10,000 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv3390, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Grimberg denies the landlord's motion to dismiss the tenant's race discrimination action brought under the Fair Housing Act. The tenant, who is Black, alleges that the landlord required her Black partner to undergo a background check and pay a background check fee in order to visit her at the property. The tenant presented sufficient facts to show that she was treated differently than similarly situated tenants and to support her allegation that the landlord did not require prospective white tenants to undergo the same background checks for visitors.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:22cv2056, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Grimberg adopts the magistrate judge's recommendation and grants the corporation's motion to dismiss an emotional distress, negligent hiring and tortious interference with contract action brought by the individual. The action arose after a buyer represented by the corporation terminated a property purchase contract for the individual's home. The individual's objections to the magistrate judge's recommendation are overruled. The corporation was not a stranger to the purchase contract whether or not it was a third-party beneficiary of that contract. Any emotional distress allegedly suffered by the individual did not rise to the extreme level required to state the instant claim.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:20cv2561, NOS: Mandamus & Other - Habeas Corpus, Categories: Emotional Distress, Contract
J. Grimberg grants the guarantors' motion to dismiss a breach of contract action brought by the bank arising from the guarantors' alleged default on financing agreements. The bank failed to establish personal jurisdiction over the guarantor. The bank failed to show that the guarantor's purported execution of the guaranties for the debt of companies in Georgia constitutes the transaction of business by him in Georgia. Transferring the claims to the U.S. District Court for the Western District of Oklahoma is not appropriate or in the interest of justice.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 18, 2023, Case #: 1:22cv4009, NOS: Negotiable Instrument - Contract, Categories: Venue, Banking / Lending, Contract
J. Grimberg partially grants the city's motion to dismiss a civil rights, assault and battery action brought by the individual arising after the police officer punched her in the eye and tased her as she laid on the ground in handcuffs. The civil rights claims against the officer in his official capacity and against the city are dismissed. Other than a conclusory allegation that the city has an unofficial policy of training officers to use tasers on suspects who do not pose a physical threat, the individual failed to identify any policy or custom of the city's that caused her rights to be allegedly violated. The individual's claims against the officer in his personal capacity and the assault and battery claims against the city may move forward.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 28, 2023, Case #: 1:22cv4417, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
[Consolidated.] J. Grimberg denies the individual's motion for recusal and dismisses the individual's actions against the judges and government arising from his allegedly wrongful arrest and prosecution as frivolous. Nearly all of the individual's allegations could have been addressed in an earlier case. The individual failed to show any proper grounds for recusal and he has no basis for challenging how the court assigns cases to its judges. The individual, who is proceeding pro se, cannot bring the actions both on behalf of himself and a company.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 22, 2023, Case #: 1:22cv2133, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Grimberg finds in favor of the police officer and sheriff's deputy in a civil rights, malicious prosecution, assault and battery action brought by an individual arising from his arrest following an altercation with the police officer over his violation of courtroom phone etiquette protocol. There was probable cause to arrest the individual because a reasonable person would have believed he committed a criminal offense in his altercation with the officer. The officer is entitled to qualified immunity because he was acting within the scope of his discretionary authority at the time of the incident. The officer's use of force in arresting the individual was reasonable.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:21cv4846, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Grimberg grants a bank's motion to dismiss a wrongful death, fraud, racketeering and injunctive relief action brought by an estate executor allegedly renewing an earlier action attacking the validity of a $2 million consent judgment which arose from an unpaid loan. The claims are barred by the Rooker-Feldman doctrine and the action is not a renewal. The district court lacks subject matter jurisdiction to review and declare the lower court's final judgment void.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 14, 2023, Case #: 1:22cv4228, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Jurisdiction, Injunction