56 results for 'judge:"Cole"'.
J. Cole partially grants the plaintiff financial services company’s motion to compel the defendant credit union to produce five categories of documents. This case concerns the financial services company’s “M1” logo and whether the credit union’s “M1st” logo is in breach of trademark. The services company wants access to the credit union’s merit marketing materials, brand guidelines, third-party mark use agreements, 2003 charter amendments and materials from prior litigation. The court orders the credit union to produce specific documents from these categories, but also orders the financial services company to clarify its demands regarding other documents.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv1162, NOS: Trademark - Property Rights, Categories: Trademark, Business Practices, Discovery
J. Cole grants the suing property investor’s motion to compel production of documents from the sued fast food franchise operators. This case is a dispute over the finances and transactions needed to establish a a Hardee’s restaurant in Oswego, Illinois, over which the investor has accused the franchisers of racketeering in an effort to skip out on rent payments. The court finds that, given the RICO accusations, it’s important to uncover any evidence which could establish a record of communications between the individual operators.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: January 17, 2024, Case #: 1:22cv2697, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Property, Real Estate, Racketeering
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
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J. Cole denies the parties' motion to approve a class action settlement, ruling that while the class of customers who purchased bedsheets from Macy's based on inflated thread counts meets all commonality and typicality requirements, the "cy pres" award of leftover settlement funds to a nonprofit consumer advocacy organization that focuses primarily on climate change issues - not textile goods or misleading labels - makes the settlement unlawful because it does not benefit the class members in any way.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 20, 2023, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Cole denies, in part, the chemical solvent company's partial motion to dismiss, ruling that at this stage of the litigation, its agreement with the Chinese distribution company is a valid contract. Allegations in the complaint support the distribution company's claim that certificates of exclusivity, which do not include all terms of the agreement, are merely evidence of a contract and not the contract itself. Additionally, Ohio law requires a distributor to use its best efforts to promote the sale of a company's goods in an exclusivity agreement, which, in itself, qualifies as a consideration for the solvent company and renders the contract valid.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 19, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Cole finds that the lower court properly convicted defendant for second-degree assault but improperly sentenced him. The lower court did not err in admitting a certain jail-surveillance video. Defendant does not contend that the video was altered, and a detention officer testified that the video admitted at trial "was the same as the video he watched the day after the incident." However, the lower court improperly sentenced defendant a second time "with a more severe sentence," in violation of double jeopardy principles. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-21-0410, Categories: Sentencing, Assault, Double Jeopardy
J. Cole finds that the lower court improperly revoked defendant's probation based on the alleged probation violations. Specifically, the state failed to produce "sufficient nonhearsay evidence" connecting defendant to the alleged violations. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-2023-0338, Categories: Evidence, Probation
J. Cole grants a class of plaintiff truck drivers’ motion to compel the production of damages data. A railroad company captured thousands of truck drivers’ fingerprints when the drivers passed through its gates in Illinois, in violation of the state’s privacy law governing biometric information, and the court finds it appropriate for the company to produce data of every fingerprint scan it captured.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: December 13, 2023, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: Privacy, Discovery, Class Action
J. Cole grants the Ohio companies' motion to dismiss, ruling the allegations of corporate misconduct by the former owner of the Mexico-based company deal exclusively with actions taken in Mexico and, despite any minor connection to Ohio, would be better served through legal action in that country.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: November 2, 2023, Case #: 1:22cv768, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Cole grants in part the motion filed by a former employee and his new employer, a power company, to vacate or modify preliminary injunction for violating the company’s non-competition agreement. The power company has not been properly notified or had the chance to be heard because they were not a party at the time the preliminary injunction was issued. This court orders, adjudges and decrees the new preliminary injunction enjoining the employee and those parties in active participation with him from disclosing any documents from the former employer.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: October 18, 2023, Case #: 1:23cv352, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Injunction
J. Cole denies, in part, the vision benefits company's motion to dismiss, ruling the increase in spam calls to policyholders involved in the data breach is a concrete injury directly traceable to the company's failure to maintain adequate security protocols and grants the class standing to pursue its negligence and contract claims.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 29, 2023, Case #: 1:21cv36, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Negligence, Privacy, Class Action
J. Cole grants, in part, the seller's motion for summary judgment, ruling the buyer owes it more than $13,000 under the contract's post-closing adjustment holdback provision, which was binding on the parties, regardless of whether the seller disputed the working capital statement provided by the buyer. Meanwhile, the buyer is entitled to summary judgment on the fraud claim because not only is there no concrete evidence of false statements made after the deal was closed, but the seller failed to prove any harm came from the alleged misstatements about corporate assets.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 19, 2023, Case #: 1:18cv907, NOS: Other Contract - Contract, Categories: Fraud, Damages, Contract
J. Cole grants the bank's motion to dismiss, ruling the credit card holder's failure to mail a notice of his debt dispute within the required timeframe after fraudulent charges were made prevents him from bringing any claims under the Truth in Lending Act. Additionally, the reimbursement to his account of all the fraudulent charges requires dismissal of his contract claim, which no longer includes damages of any sort.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: August 11, 2023, Case #: 1:22cv618, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Consumer Law, Banking / Lending
J. Cole denies the nursing staffing agency's motion to dismiss, ruling that allegations the immigrant nurses were required to work excessive overtime under the threat of liquidated damages are sufficient to establish the threat of serious harm necessary for their Trafficking Victims Protection Act claims. Meanwhile, the allegation the agency lied about the wage that would be paid to the immigrants when they arrived, both to the immigrants and immigration services, is sufficient to support the RICO claims filed by the class of nurses.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: August 9, 2023, Case #: 1:20cv313, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action, Labor
J. Cole finds the logistics company's failure to prove the former employee took any confidential information with him when he left to found a competing company and the lack of any specialized training skills it provided to the employee prevent it from prevailing on a portion of its trade secrets and contract claims. However, the relationships the employee formed with several clients allow the logistics company to enforce the non-solicitation provision of the parties' agreement; therefore, the employee is barred from any contact with those customers for a period of 313 days.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: July 31, 2023, Case #: 1:21cv164, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Cole adopts the magistrate judge's findings and grants the employer's motion for summary judgment, ruling the employee's race discrimination claim fails as a matter of law because she did not present evidence of any non-black coworkers treated better than her, or that she was replaced by an employee outside of her protected class. Meanwhile, at least three witnesses testified the coworker who harassed the employee harassed nearly everyone at the office, regardless of race, and while this may be poor workplace conduct, it cannot be used as the foundation for a hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: July 5, 2023, Case #: 1:19cv670, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Cole grants the pharmaceutical company's motion to dismiss, ruling any design defect claims related to the antianxiety drug, Lexapro, and based on state law are preempted under federal law. The drug was approved by the FDA and, therefore, the impossibility doctrine applies because the only way the manufacturer could comply with state law would be to stop selling an FDA-approved drug.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: June 15, 2023, Case #: 1:22cv523, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Preemption, Product Liability