Case Dismissed: U.S. District Court for the Northern District of Georgia, Gainesville Division (Premises Liability)

Atlanta partner Joe Menello and associate Asher Lipsett recently obtained a dismissal of a case on behalf of Publix Super Markets in the U.S. District Court for the Northern District of Georgia, Gainesville Division.

Plaintiff alleged a number of dubious claims against Publix. She filed her lawsuit the day before the applicable statute of limitations ran but did not serve Publix for almost three years. After removing the case to federal court, we argued that the suit was required to be dismissed, as it did not relate back due to Plaintiff’s lack of diligence and was time-barred.

Plaintiff sought leave of court to voluntarily dismiss her case in order to refile under Georgia’s “renewal statute” (O.C.G.A. § 9-2-61). We opposed this maneuver and argued that allowing Plaintiff a second bite at the apple would be a complete circumvention of the purpose of the statute of limitation, reward Plaintiff for her dilatory conduct, and significantly prejudice Publix.

The Court agreed and denied Plaintiff the opportunity to voluntarily dismiss her case, after which time the Court granted our underlying motion and dismissed Plaintiff’s case with prejudice, preventing her from using the renewal statute to revive her claims in the future.