12 results for 'judge:"Royal"'.
J. Royal grants the defendant company's motion for partial summary judgment on the plaintiff's direct liability claims arising from a hit-and-run motor vehicle accident involving an 18-wheeler that hit plaintiff's car and kept on driving. The defendant company is entitled to summary judgment on the plaintiff's claims for negligent hiring, retention, training, supervision, and entrustment
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 29, 2024, Case #: 3:21cv119, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle
J. Royal partially rules in favor of the government in a negligence action brought under the Federal Tort Claims Act by the driver arising from injuries she suffered in a car collision with a U.S. Postal Service mail truck. The driver conceded that the Act prohibits her from recovering more than the $72,000 in damages she presented in the pre-suit administrative claim. However, genuine issues of fact exist as to whether the collision caused additional injuries to the driver's knee and shoulder separate from her preexisting injuries.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 21, 2024, Case #: 5:21cv237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Royal partially rules in favor of the employee in an action under the Fair Labor Standards Act alleging that the employer and owner failed to properly pay him overtime. Although the employer classified him as an independent contractor for the first six months of his employment, the employee was a covered employee for the entirety of his employment. The employer and owner controlled the manner in which the employee performed his work, he signed a non-compete agreement, was not hired on a short-term basis and his work was integral to the employer's business. However, the employee's motion for summary judgment is partially denied because genuine issues of fact exist with respect to the issue of the number of hours he worked.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 19, 2024, Case #: 5:22cv162, NOS: Fair Labor Standards Act - Labor, Categories: Labor
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J. Royal grants the mother's motion to proceed in forma pauperis in a civil rights and defamation action against the case worker and department director. The mother claimed she was prosecuted for cruelty to children based on false evidence and testimony provided by the case worker and director. The mother has shown she cannot pay court fees due to poverty. The mother is in debt, has three children and lives without any income or assets. However, the mother must amend her complaint because she failed to state a cognizable claim for relief with respect to the alleged civil rights violations and failed to address the status of her underlying criminal case.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: February 5, 2024, Case #: 5:24cv18, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
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
J. Royal rules in favor of the insurer in a declaratory judgment action against the estate special administrator seeking to determine its payment obligations related to a $750,000 consent judgment entered into by its insured in an underlying wrongful death case. A third-party insurer's $900,000 settlement payment satisfied the $750,000 regulatory minimum, therefore the insurer is not obligated to pay any portion of the consent judgment against the insured under the terms of an endorsement in the policy.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 14, 2023, Case #: 3:22cv6, NOS: Insurance - Contract, Categories: Insurance
J. Royal finds in favor of the employer in a race discrimination and retaliation action brought by the former employee. The employee, a Black man, alleged that the employer unfairly fired him after reporting that a fellow employee called him the n-word. The altercation was an isolated incident and there is no additional evidence of harassment based on the employee's race. The employee failed to show that the employer's non-discriminatory reason for firing him due to his failure to show up for a mandatory Saturday workday was pretextual. The employee failed to show that the employer had 15 or more employees and qualified as an employer under Title VII.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 13, 2023, Case #: 3:21cv102, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Royal grants the city's motion to partially dismiss a civil rights and employment discrimination action brought by the employee. The employee, a Black woman, claimed she was discriminated against based on her race and unfairly fired. The employee's claims against the directors and Title VII disparate impact, hostile work environment and civil rights claims against the city are dismissed. The civil rights claims are barred by the two-year statute of limitations. The employee failed to allege pervasive harassment existed which altered the conditions of her employment and failed to identify any city policy which had a significant adverse effect on a protected group. The employee's claims for Title VII disparate treatment race discrimination and retaliation may move forward.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 1, 2023, Case #: 3:22cv82, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Royal grants the city's and officials' motion to dismiss a civil rights action brought by the individual alleging that she was wrongfully arrested after getting caught in a city park after dark. The individual was not charged with any crime and the officer let her go when her father arrived to pick her up. The officer had arguable probable cause to arrest the individual for obstructing his investigation of suspected criminal activity in the park and is therefore entitled to qualified immunity. The individual failed to allege that any unconstitutional policy or custom of the city's caused the alleged violation of her rights.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: August 9, 2023, Case #: 3:22cv109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Royal grants the business owner's motion to dismiss an action brought by the residents seeking damages and injunctive relief for alleged Clean Water Act violations arising from an agreement to transport excavated red clay from a Meta project site to another property. The residents alleged that the actions resulted in red clay-polluted storm water discharge into their ponds. The residents failed to state a viable claim against the business owner. Their motion to amend the action is partially granted as to the Clean Water Act claims because they sufficiently alleged an ongoing violation.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: June 30, 2023, Case #: 3:22cv72, NOS: Environmental Matters - Other Suits, Categories: Environment