Practice Areas: Mr. Ozmer litigates in the following areas: Labor and Employment Class Action Complex Commercial Products Liability

Representative Matters:

• Represented international consulting company in class action brought by former consultant under Americans with Disabilities Act and ERISA. Prevailed on motion to dismiss prior to discovery or class certification. Craig v. BearingPoint, Inc., No 1 08-CV-2476 (N.D. Ga. Dec. 10, 2008).
  
  
• Represented large technology company in class action brought under Fair Labor Standards Act. Obtained dismissal with prejudice of all class action claims in matter of first impression in the United States Court of Appeals for the Eleventh Circuit. Also obtained emergency relief prohibiting named plaintiff from further contact with putative class members and other company employees.
  
  
• Represented large cable television company in class action brought under Fair Labor Standards Act. Obtained summary judgment in matter of first impression prior to class certification.
  
  
• Defended a Fortune 50 company in a consumer fraud class action in Minnesota. In a ruling of first impression, obtained a complete dismissal of all of the plaintiff’s claims based on the application of the filed rate doctrine. Dismissal was upheld on appeal by the United States Court of Appeals for the Eighth Circuit. Crumley v. Time Warner Cable, Inc., 554 F. Supp.2d 933 (D. Minn. 2008), aff’d. 556 F.3d 879 (8th Cir. 2009). These decisions were the first in the country to hold that the filed rate doctrine applies to regulated rates for cable television service.
  
  
• Defended a leading Internet service provider against Lanham Act, state unfair competition, and tortious interference claims asserted by a $20+ billion multibank holding company. In a case of first impression within the Seventh Circuit, obtained summary judgment dismissing all of Plaintiff’s claims by finding Defendant was immune from liability pursuant to the Communications Decency Act, 47 U.S.C. § 230.
  
  
• Successfully defended large safety equipment and consulting company in products liability lawsuit involving severe and permanent injuries sustained as result of industrial accident.
  
  
• Successfully defended safety equipment company in products liability lawsuit involving workplace exposure to allegedly harmful substances. Obtained immediate ex parte injunction and subsequent permanent injunction in Florida state court to prevent former executive of technology company from further use and disclosure of company’s trade secrets, including customer lists.
  
  
• Obtained injunction in foreign court within four days of discovery of misappropriated trade secrets.
  
  
• Obtained summary judgment in sex discrimination lawsuit arising from large technology company’s termination of employee with poor attendance history. Represented national hotel chain in multiple race and sex discrimination lawsuits in federal courts in Georgia and Florida. Obtained summary judgment or nuisance value settlement after taking Plaintiff’s deposition.
  
  
• Represented financial institution in three related cases in federal court in New York, state court in California and federal court in Georgia. Obtained summary judgment in favor of client and defeated cross-motion for summary judgment filed against client based on fraud, usury and breach of contract in federal court proceedings in Georgia. Affirmed by the United States Court of Appeals for the Eleventh Circuit.
  
  
• Successfully defended publicly traded technology company against $144,000,000 fraud claim brought by former supplier of company. Obtained summary judgment on all claims.
  
  
• Obtained $7,000,000 jury verdict in federal court for former majority shareholders of publicly traded company on claims of fraud and breach of contract.

Education and Background:

• University of Georgia School of Law, Athens, Georgia,
  Juris Doctor, summa cum laude, 1997
  
  
• Honors:
  • Graduated 2nd in class of over 200
  • Georgia Law Review, 1995-1997 (Published Note at 30 Ga. L. Rev. 887, Spring 1996)
  • Order of the Coif
  • Awards for highest grades in Property Law, Contracts and Civil Procedure
    
    
• Georgia Institute of Technology, Atlanta, Georgia
  Bachelor of Industrial Engineering, 1986
  
  
• United States Marine Corps, 1986-2000
  Rose to the rank of Major. Served as artillery officer from 1987 to 1994, holding various leadership positions, including Artillery Battery Executive Officer, Platoon Commander, Fire Direction Officer, and Forward Observer. Participated in combat operations with Task Force Ripper during Operation Desert Storm while serving as an Artillery Battery Executive Officer. Chief Prosecutor for the Marine Corps Air Station at Cherry Point, North Carolina, from 1998 – 2000. Served as lead or sole counsel in numerous felony jury trials and represented the government in numerous contested administrative hearings.
  
  
• Honors:
  • Military decorations and awards include the Combat Action Ribbon, two Navy Commendation Medals, Navy Achievement Medal, Distinguished Graduate, Artillery Officer Basic Course (finished 1st out of 242).

Professional Activities:

• Adjunct Professor, Georgia Institute of Technology
  
  
• Recognized as one of Georgia’s Super Lawyers by Atlanta Magazine in 2009.
  
  
• Association of the Bar of the City of New York Award for Trial Advocacy as top trial advocate in Naval Justice School Class (1997)
  
  
• Association of the Bar of the City of New York Award for Trial Advocacy as top trial advocate in Criminal Law Advocacy Course at the Army Judge Advocate General’s School (1998).

Published Decisions:

• Deleon v. Time Warner Cable LLC, No. CV 09-2438 AG (RNBx), 2010 WL 669116 (C.D. Cal. Feb. 22, 2010)
  
  
• Harding v. Time Warner, Inc., No. 09CV1212-WQH-WMC, 2010 WL 457690 (S.D. Cal. Jan. 26, 2010)
  
  
• Crumley v. Time Warner Cable, Inc., 556 F.3d 879 (8th Cir. 2009)
  
  
• Harding v. Time Warner, Inc., 2009 WL 2575898 (S.D. Cal., August 18, 2009)
  
  
• Thoroughbred Legends, LLC. v. The Walt Disney Co., et al., 2008 WL 616253 (N.D. Ga. February 12, 2008)
  
  
• Crumley v. Time Warner Cable, Inc., 554 F. Supp.2d 933 (D. Minn. 2008), aff’d 556 F.3d 879 (8th Cir. 2009)
  
  
• Associated Bank-Corp. v. Earthlink, Inc., No. 05-C-0233-S, 2005 WL 2240952 (Sept. 13, 2005 W.D. Wis.)
  
  
• Thomas v. Interland, Inc., Civil Action No. 1:02-CV-3175CC, 2003 WL 24065651 (N.D. Ga. August 25, 2003)
  
  
• Fields v. AOL Time Warner, Inc., 261 F. Supp.2d 971 (W.D. Tenn. 2003)
  
  
• Lanier v. Anthony, 261 Ga. App. 848, 583 S.E.2d 893 (2003)
  
  
• Premier Holidays Int’l, Inc. v. Actrade Capital, Inc., 105 F. Supp. 2d 1336 (N.D. Ga. 2000)