37 results for 'judge:"Thrash"'.
J. Thrash denies the buyer's and magazine's motions to dismiss the supplier's false advertisement counterclaims and grants the supplier's motion for judgment on the pleadings in a breach of contract action brought by the buyer. The action arose after the supplier stopped fulfilling purchase orders when the buyer allegedly published a defamatory ad about the products in the magazine. The buyer's allegations do not support the existence of a requirements contract obligating it to buy goods exclusively from the supplier.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 19, 2024, Case #: 1:23cv4349, NOS: Other Contract - Contract, Categories: Contract
J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: Insurance, Settlements
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J. Thrash partially grants the bar patron's motion to amend a battery, assault, malicious prosecution and civil rights action against the county and police officers arising after officers who worked security at a bar allegedly pushed him down a staircase, slammed him to the ground and broke his neck. Two companies are dropped as defendants in the action. The officers failed to show that the patron should not be allowed to modify factual allegations which do not contradict those in the original complaint. The patron's motion to amend is denied as to the removal of references to a security video which appear in the original complaint.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 13, 2024, Case #: 1:22cv883, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Assault
J. Thrash denies the relator's motion to dismiss the medical equipment manufacturer's breach of fiduciary duty and breach of contract counterclaims in a False Claims Act action arising from the manufacturer's allegedly fraudulent claims for reimbursement and retaliation against the relator for trying to bring the manufacturer into compliance with the law. The breach of fiduciary duty counterclaim based on the relator's alleged mishandling of a license renewal application is not barred by public policy. A reasonable jury could find that misleading the manufacturer with respect to how the renewal process was going was sufficiently negligent to be considered a breach of the duty of care. However, the counterclaim based on the relator's used of confidential information is barred by public policy.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 27, 2024, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fiduciary Duty, False Claims
J. Thrash grants the manufacturers' motion to dismiss a product liability action brought by the consumer alleging that she developed acute lymphoblastic leukemia after using the manufacturers' Neutrogena Beach Defense sunscreens. The consumer failed to plausibly establish that the sunscreens she used contained the carcinogen benzene and that the manufacturers' products caused her injuries. A recall notice stating that benzene was identified in some samples of the products does not show that the sunscreens used by the consumer were among the samples.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 20, 2024, Case #: 1:23cv3127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Thrash partially rules in favor of the consultant in a breach of contract and conversion action brought by the real estate development company. The property agreement is unenforceable because it does not include a specific time frame in which the company had to exercise its purchase option. However, a genuine issue of fact exists as to whether the real estate developer and the company exhausted all of the money in a fund by a certain date. An issue of fact also exists as to whether the consultant owes the company money from an investment in a Mexican tour by the band Deep Purple.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 2, 2024, Case #: 1:21cv5155, NOS: Other Contract - Contract, Categories: Contract
J. Thrash partially grants the manufacturer's motion to dismiss a product liability, warranty and fraud class action brought by the consumers arising from a defect in panoramic sunroofs in Mercedes-Benz vehicles which allegedly caused the sunroofs to suddenly shatter under normal driving conditions. The consumers claim that the manufacturer refused to cover repairs. Two of the consumers failed to notify the manufacturer of the defect before the action, therefore their express warranty claims are dismissed. One consumer's implied warranty claim is dismissed for failure to comply with the notice requirement. However, the class sufficiently alleged that the vehicles are unmerchantable. None of the consumers' state law claims are dismissed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 30, 2024, Case #: 1:23cv671, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Warranty, Class Action
J. Thrash grants the manufacturer's motion to transfer venue of a product liability and negligence action brought by the driver to the western district of North Carolina. The action arose after the driver suffered injuries which left him paralyzed from the chest down when his vehicle's driver seat head restraint broke in a collision. The dealership, the only Georgia resident, was fraudulently joined to the action and the driver's motion to remand the case is denied. The driver failed to state a valid negligence claim against the dealership because he failed to allege that it must have known of the seat's purported design defect. The underlying collision occurred in North Carolina and all the witnesses to the collision reside there.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 24, 2024, Case #: 1:23cv4420, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Venue
J. Thrash grants the franchisor's motion to dismiss and partially grants the motel franchise owner's motion to dismiss an action brought by the unnamed individual under the Trafficking Victims Protection Reauthorization Act arising from claims that she was a victim of sex trafficking at a motel. The individual failed to state a beneficiary claim under the Act against the franchisor because she has not sufficiently alleged that the franchisor participated in a venture in violation of the Act or that the franchisor knew or should have known about the trafficking. However, the individual plausibly alleged that the operator should have known about the trafficking.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: December 14, 2023, Case #: 1:23cv2597, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Thrash grants the diagnostic testing provider's motion to remand a declaratory judgment action seeking recission of a confidentiality agreement back to DeKalb County court. The provider also seeks a declaration that settlements of its billings on third-party claims by the insurer are voluntary. The limited declaratory relief sought by the provider does not meet the amount-in-controversy requirement. The insurer's motion to dismiss the action is denied as moot.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: December 11, 2023, Case #: 1:23cv3935, NOS: Insurance - Contract, Categories: Insurance
J. Thrash grants the game operators' motion to compel arbitration in a putative class action brought by the player alleging that virtual casino-themed games violate Georgia laws against casino gambling. The player seeks a refund of the purchases he made playing the games. The player agreed to the terms of the arbitration agreement when he created an account to play the games through online platforms. The arbitration provision is not unenforceable as against public policy and there are no legal restraints that otherwise foreclose arbitration.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 28, 2023, Case #: 1:23cv3226, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action
J. Thrash rules in favor of the employer in a breach of contract action brought by the employee alleging violations of the Fair Labor Standards Act based on the employer's alleged failure to pay overtime wages and failure to pay wages on time. The employee's on-call time was predominately for her benefit and is not compensable time under the Act. The employee was able to leave the employer's office, had no physical restrictions placed on her and there is no evidence she ever had to return to the office due to a call. The calls the employee answered while on-call took about 10 minutes per day and that time was made up for by other practices, including the employee's practice of not clocking out for lunch breaks she took at the office.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 8, 2023, Case #: 1:22cv3935, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Thrash grants the U.S. Secretary of State's motion to dismiss an action brought under the Administrative Procedures Act by the information technology companies arising from the allegedly unreasonable delay of their applications for H-1B visas. The companies claimed the government is still enforcing a rescinded policy specifying that petitions involving third-party worksites must show that the employer has specific project requirements. The secretary's motion to sever is granted as to all but one of the parties. The company failed to state a claim of unreasonable delay because there is no evidence that its petitions were delayed longer than other petitions that were returned for reconsideration.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 3, 2023, Case #: 1:22cv4721, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Thrash grants the driver's motion to dismiss counterclaims raised by the insurer in a dispute over an insurance settlement arising from a car collision. The insurer failed to properly state a claim for breach of the settlement. The driver's motion for sanctions is denied. The driver alleged that the insurer improperly removed the instant action to federal court but the insurer assumed the status of a defendant and could remove the action. The insurer's motion for default judgment is denied.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:23cv2624, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Contract
J. Thrash partially grants the relator's motion to dismiss counterclaims brought by the manufacturer in the relator's action under the False Claims Act. The relator, who previously worked as the manufacturer's chief compliance officer, alleged that the manufacturer made fraudulent claims for reimbursement for durable medical equipment. The manufacturer failed to properly state counterclaims for breach of fiduciary duty and negligence. The manufacturer failed to sufficiently show how the relator's alleged violation of the statute caused the manufacturer injury. However, the breach of contract counterclaim may move forward.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Thrash denies the organization's motion for a preliminary injunction in a civil rights action against the foundation alleging that the foundation's contest to award grants to Black woman-owned small businesses unfairly excludes the organization's non-Black members on the basis of their race. The organization failed to show a clear likelihood of success on the merits of its claim because the First Amendment may bar the claim. The contest does not appear to be an affirmative action program which would fit under an exception to section 1981 of the Civil Rights Act.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 27, 2023, Case #: 1:23cv3424, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Thrash rules in favor of the insurer in a declaratory judgment and breach of fiduciary duty action brought by the insureds seeking a declaration that they had $100,000 in uninsured/underinsured motorist coverage. The action arose after a car collision. The insureds lack a private right of action for the alleged failure to provide proscribed coverage notice along with the policy. The insurance commissioner has exclusive authority to enforce the regulation. No fiduciary relationship existed between the parties.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:22cv4271, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Fiduciary Duty
J. Thrash grants the security company's motion to dismiss a fraud, negligence and breach of contract action brought by the jewelry store after the company failed to notify the store or police when thieves set off an alarm and stole jewelry. The store's breach of contract and negligence claims are barred by the exculpatory provision in the contract. The store failed to properly state claims for negligence or fraudulent misrepresentation under Georgia law.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2023, Case #: 1:23cv556, NOS: Other Contract - Contract, Categories: Fraud, Negligence, Contract
J. Thrash partially grants the company's motion to dismiss the former company president's counterclaims in a breach of contract and fraud action arising from his alleged participation in a kickback scheme. The motion is granted as to the president's counterclaim for tortious interference. However, the motion is denied with respect to the counterclaims for breach of contract and bad faith. The president plausibly stated a claim for breach of contract arising from the company's alleged repudiation of an obligation in the employment agreement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 19, 2023, Case #: 1:23cv1158, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Thrash grants the franchising business's motion for summary judgment as to the technology company's claims for misappropriation of trade secrets and copyright infringement arising from the alleged theft of e-commerce software code. The company failed to show that the code embedded in the business's website was not readily ascertainable. The combination of the company's technical know-how, organizational capabilities and problem-solving approach are too vague and inclusive to be considered a trade secret. None of the elements identified by the company's computer science expert in a report analyzing the codes qualify for copyright protection. However, the motion is denied with regard to the company's claim for breach of contract.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 30, 2023, Case #: 1:21cv1971, NOS: Copyrights - Property Rights, Categories: Copyright, Trade Secrets, Contract
J. Thrash grants the hotel's motion to dismiss an action brought by the individual under the Trafficking Victims Protection Reauthorization Act alleging that she was a repeated victim of sex trafficking at the hotel. The individual failed to state a claim for vicarious liability against the hotel. However, the hotel franchise owner's motion to dismiss is denied. The individual sufficiently alleged under the Act that the owner had an agreement with the trafficker in light of actions by hotel staff, including placing zip ties to prevent a side entry door from locking so people wishing to buy sex could enter and exit.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 30, 2023, Case #: 1:23cv108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Thrash denies the television programming distributor's motion to dismiss a breach of contract action brought by the company arising from the distributor's alleged failure to pay licensing fees. The distributor is based in the United States in Georgia and the company is based in Romania. The forum selection clause in the parties' agreement is permissive in nature.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 21, 2023, Case #: 1:22cv4841, NOS: Other Contract - Contract, Categories: Contract
J. Thrash finds in favor of the moving company in a negligence action brought by the driver arising from a car collision but denies the companies' motion for evidence spoliation sanctions. The driver failed to present evidence which would create an issue of fact as to the moving company's liability. Dismissal is not a proper sanction for the totaling of the driver's vehicle after it was involved in a subsequent collision. The companies are also not entitled to an award of fees for their accident reconstruction expert. The companies' motion for summary judgment is granted as to the driver's negligent hiring, retention, training and supervision claims but denied as to the negligence and imputed liability claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 8, 2023, Case #: 1:22cv628, NOS: Insurance - Contract, Categories: Evidence, Sanctions, Negligence
J. Thrash grants Coca-Cola's motion for partial summary judgment in a breach of contract action arising after the transportation company refused to defend and indemnify Coca-Cola in an underlying Texas state court case. The underlying case arose from injuries the company's employee allegedly suffered when a Coca-Cola employee hit him with a forklift. The agreement requires the company to defend Coca-Cola in the underlying negligence action. However, the company's motion for summary judgment is granted with respect to the commercial general liability insurance and workers' compensation insurance requirements. The instant case is stayed pending resolution of the underlying action.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 7, 2023, Case #: 1:21cv4961, NOS: Other Contract - Contract, Categories: Indemnification, Contract
J. Thrash grants the executives' motion to dismiss a fraud action brought by the software development company and its foreign affiliates arising after the executives allegedly induced the companies into entering a statement of work despite knowing that the executives' company could not pay for the work performed by the companies. The executives are not subject to personal jurisdiction under Georgia's long-arm statute or the agreement's forum selection clause. The companies also failed to show that the executives were primary participants in the alleged misrepresentations underlying the action.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 28, 2023, Case #: 1:22cv4540, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts