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District Court for the Southern District of Georgia Court Cases
Blake v. Zant (1981)The Court this date enters the attached Orders in these habeas corpus capital punishment actions. Each case is unique, and, accordingly, each Order has been developed and is intended to be construed individually. Moreover, many broad questions which these cases might suggest have been reserved for possible future consideration in other contexts. Nonetheless, I am fully cognizant of the unique public concern which attaches to cases such as these. The Court also recognizes their broader [...]
Court: District Court for the Southern District of Georgia Docket: CV480-251, CV280-114 and CV478-309
Matter of Kull (1981)The captioned cases are on appeal from the bankruptcy court. Jurisdiction over such matters is vested in the United States District Court pursuant to the provisions of 28 U.S.C. § 1334 and Title IV § 405(c) of the Bankruptcy Reform Act of 1978. Generally, these provide that an appeal from a judgment, order or decree of a bankruptcy court shall be to the district court for the district in which the bankruptcy court sits. Each of the cases on appeal deals with one or more issues in dispute. [...]
Court: District Court for the Southern District of Georgia Docket: Bankruptcy Nos. 180-00374, 180-00363, 180-00502, 180-00474, 180-00521, 180-00469, 180-00301 and 179-00450, Civ. A. Nos. 181-83, 181-08, 181-81, 181-82, 181-79, 181-80, 181-018 and 180-144
"Watching Fitzsimmons and Nixon that morning, a California investigator shook his head in dismay. `I can stand crooks,' he said, `but it bothers the hell out of me when a guy meets with mobsters and then with the President.' For in the days prior to the flight, in addition to playing golf, Fitzsimmons had attended a number of interesting meetings. At the Mission Hills Country Club and the Ambassador Hotel in Palm Springs, and then at La Costa, he had been joined in long and secret conversation [...]
Court: District Court for the Southern District of Georgia Docket: CV475-58
Haysman v. Food Lion, Inc. (1995)Plaintiff Haysman brought suit against Defendant Food Lion for discrimination on the basis of disability, intentional infliction of emotional distress, and battery. Food Lion moves for summary judgment on the disability claims, arguing that Haysman does not meet the requirements of the ADA or the Georgia Equal Employment for the Handicapped Code (GEEHC). Food Lion moves for summary judgment on the emotional distress and battery claims, arguing that if Haysman was battered or emotionally abused [...]
Court: District Court for the Southern District of Georgia Docket: Civ. A. No. 494-175
Watkins v. United States (1977)The plaintiff's husband, a serviceman stationed at Fort Gordon, Georgia, was killed on base when his motorcycle collided with a shuttle bus driven by a civilian government employee. After the denial of her administrative claim, plaintiff, Effie Lee Watkins, a Missouri resident, brought this action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., and its jurisdictional arm, 28 U.S.C. § 1346(b). The Georgia driver, Joseph L. Williams, was also named as a [...]
Court: District Court for the Southern District of Georgia Docket: Civ. A. No. 176-91
Larry I. Smith, Thompson & Smith, PC, Augusta, GA, John B. Long, Thomas William Tucker, Dye, Tucker, Everitt, Long & Brewton, PC, Augusta, GA, Michael Champlin Spencer, Milberg Weiss Bershad Hynes & Lerach, New York, NY, Michael D. Calhoun, Gulley & Calhoun, Durham, NC, Melinda Lawrence, Patterson, Harkavy, Lawrence, LLP, Raleigh, NC, Charles A. Bentley, Jr., Bentley & Associates, PA, Durham, NC, for Plaintiff.
Court: District Court for the Southern District of Georgia Docket: CIV. A. 199-239
In Re Williams (2000)
Defendant, Sears, Roebuck, and Co., ("Sears"), has moved, pursuant to Rules 12(b)(1) and 23(d)(4) of the Federal Rules of Civil Procedure, to dismiss Plaintiff's Class Action counts for want of jurisdiction. After careful consideration of the Defendant's Motion, and Plaintiff's Response thereto, the Court will GRANT Defendant's motion in part, and DENY it in part.
Court: District Court for the Southern District of Georgia Docket: CV199-168
By Order entered January 8, 1993, the Court raised a jurisdictional issue rooted in the possibility that the Employee Retirement Income Security Act of 1974 (ERISA), Pub.L. No. 93-406, 88 Stat. 832 (1974) (codified as amended at 29 U.S.C. §§ 1001-1461), might pre-empt one or more of Plaintiff's state-law claims and convert them into federal claims. The Court invited the parties to submit briefs on the issue, and they did so. For the reasons set forth below, the Court (1) determines that some [...]
Court: District Court for the Southern District of Georgia Docket: CV390-023
This action is currently before the Court awaiting the completion of discovery and pretrial matters. Though no motions are pending in the case, the parties have submitted to the Court proposed findings of fact and conclusions of law which raise significant questions as to the Court's jurisdiction in this case. Pursuant to the power vested in it by Fed.R.Civ.P. 12(h), as well as its inherent obligation to examine its own jurisdiction, State of Alabama ex rel. Baxley v. Woody, 473 F.2d 10, 12 [...]
Court: District Court for the Southern District of Georgia Docket: Civ. A. Nos. 482-535, 483-085
Robert J. Cynkar, Richard Greenberg, Robert C. Chesnut, Jeffrey S. Paulsen, Dept. of Justice, Washington, D.C., Major Vincent E. Reilly, Office of the Judge Advocate General, Dept. of the Army, Washington, D.C., of counsel, for defendants.
Court: District Court for the Southern District of Georgia Docket: CV486-353
In Re Flynn (1995)
Appellant United States of America appeals the May 13, 1994, order of the Bankruptcy Court awarding appellee out-ofpocket expenses, emotional distress damages, punitive damages and attorney's fees for violation of an automatic stay. The Court has considered the parties' pleadings and the record on appeal. For the reasons set out below, the order of the Bankruptcy Court is affirmed in part, reversed in part and remanded with instructions.
Court: District Court for the Southern District of Georgia Docket: Bankruptcy No. 92-40789-LWD. Adv. No. 93-04013A-LWD. No. CV 494-152
As Yogi Berra once said, "it's like déjà vu all over again." Once again, the Court is asked to decide the summary judgment motion of the defendant, Aetna Casualty and Surety Company ("Aetna"). Aetna requests summary judgment against the plaintiff, Henry Claussen, on three grounds. First, Aetna claims that Claussen's claim is barred by the "owned property exclusion." Second, Aetna claims that the pollution discharge was "sudden," even as the Georgia Supreme Court has defined the word. Third, [...]
Court: District Court for the Southern District of Georgia Docket: CV 185-248
William H. Major, William B. Brown, Atlanta, Ga., Emmett B. Lewis, Washington, D.C., Stuart M. Gerson, Hinton R. Pierce, Lawrence B. Lee, Savannah, Ga., Michael F. Hertz, Steve Altman, Stanley E. Alderson, Attorneys, Civ. Div., Dept. of Justice, Washington, D.C., Sam P. Inglesby, Jr., Savannah, Ga., for defendant.
Court: District Court for the Southern District of Georgia Docket: CV 489-224
Plaintiffs brought this admiralty action to determine their rights, if any, to artifacts salvaged from a sunken ship located on state property at the bottom of the Ogeechee River. The State of Georgia has intervened as claimant.
Court: District Court for the Southern District of Georgia Docket: CV483-391
Krist v. Smith (1970)In December, 1968, Gary Steven Krist abducted Miss Barbara Jane Mackle for ransom and buried her alive for eighty hours in a wooden box equipped with such amenities of living as an air pump and two vents, a battery-powered light and some food and water. Sentenced to life imprisonment after his conviction for kidnapping, he comes to the District Court complaining of the minuteness of his cell, the loneliness of life under maximum security conditions, the food served at Georgia State Prison and [...]
Court: District Court for the Southern District of Georgia Docket: 2549
Benjamin L. Weinberg, Jr., David A. Sapp, Charles Kyle Reed, Long, Weinberg, Ansley & Wheeler, Nolan C. Leake, Eugene G. Partain, King & Spalding, Jay Frank Castle, Lord, Bissell & Brook, Atlanta, Ga., for defendants.
Court: District Court for the Southern District of Georgia Docket: Civ. A. Nos. CV191-108, CV191-063
Jesse W. Hill, Edward E. Dorsey, Sewell K. Loggins, Michael V. Elsberry, Atlanta, Ga., William C. Reed, Augusta, Ga., James E. Mahar, Jr., Gainesville, Ga., Patrick J. Rice, Neal W. Dickert, Augusta, Ga., Frederick F. Saunders, Jr., Mary E. Mann, John E. Talmadge, Atlanta, Ga., J. Douglas Stewart, George W. Brinson, Gainesville, Ga., J. Wayne Pierce, Henry E. Scrudder, Jr., Richard P. Schultz, Carr, Abney, Tabb & Schultz, Atlanta, Ga., Henry G. Garrard, III, Athens, Ga., Tommy T. Holland, [...]
Court: District Court for the Southern District of Georgia Docket: Civ. A. Nos. CV 281-109, CV 281-84 and CV 280-128
On Wednesday, February 20, 1974, Occupational Safety and Health Compliance Officer Margie L. Preston arrived at the business premises of Buckeye Industries, Inc. at Wrightsville, Georgia around 10:00 A.M. to conduct an inspection of the premises pursuant to the Occupational Safety and Health Act. 29 U.S.C. § 657(a).
Court: District Court for the Southern District of Georgia Docket: CV374-5
In Re Johnson (1994)This Order consolidates two separately filed appeals from the Order dated September 9, 1992, entered by the Bankruptcy Court, Honorable John S. Dalis, in each of the above-captioned Chapter 13 cases. In re Johnson, 145 B.R. 108 (Bankr.S.D.Ga.1992). In Chapter 13 Case No. 91-60628, the debtors, James Luther Johnson, Jr. and Amanda Hendrix Johnson, appeal the Bankruptcy Court's Order and General Motors Acceptance Corporation (GMAC) cross-appeals. In Chapter 13 Case No. 91-60682, GMAC appeals the [...]
Court: District Court for the Southern District of Georgia Docket: Bankruptcy Nos. 91-60628, 91-60682. Civ. A. Nos. CV692-132, CV692-124
Sowers v. Kemira, Inc. (1988)This Title VII action was tried before the Court on February 1, 2 and 3, 1988. Plaintiff Betty Sowers alleges that her employer, defendant Kemira, Inc., subjected her to (1) quid pro quo sexual harassment, (2) retaliation for her assertion of Title VII rights, and (3) wage discrimination based on sex. Having heard the testimony of the witnesses and the arguments of counsel, and having reviewed the exhibits, the Court makes the following findings of fact and conclusions of law. To the extent [...]
Court: District Court for the Southern District of Georgia Docket: CV487-170