260 results for 'court:"USDC Southern District of Ohio"'.
J. Vascura denies the uninterruptable power supply manufacturer's partial motion to dismiss, ruling that limiting language in its contract with the industrial plant allows the plant's insurance company to plead both contract and fraud claims. The damages limitation clause would not provide nearly enough to compensate the plant for damage from the explosion, and punitive or secondary damages from a fraud claim would be necessary.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, Insurance, Contract
J. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Vascura grants the shingle manufacturer's motion for summary judgment, ruling the homeowners have produced no expert testimony or other evidence to support their claim the shingles installed at their home were defective. Rather, the majority of their claims relate to the improper installation of the shingles by the roofing company; therefore, the manufacturer cannot be held liable.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:22cv3231, NOS: Contract Product Liability - Contract, Categories: Evidence, Product Liability, Contract
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
J. Watson denies, in part, the employee's motion for summary judgment, ruling that while it is undisputed the delivery driver worked in excess of 40 hours per week on at least one occasion, questions of fact about whether he was an employee or an independent contractor prevent judgment in his favor and preclude the award of any damages.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 4, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Labor
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J. Watson grants, in part, the employer's motion for summary judgment, ruling the two-year statute of limitations will apply to all Fair Labor Standards Act claims brought in the lawsuit by the class of delivery drivers because the employer's potential misclassification of the drivers was not willful conduct. Rather, the company's owner testified he was unaware of similar lawsuits filed by Amazon delivery drivers and based the classification on his previous experience as a delivery driver.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: February 29, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Class Action, Labor
J. Barrett denies the judge's motion for judgment as a matter of law, ruling the jury's split verdicts on the employee's Equal Protection and First Amendment claims are not inconsistent. Evidence allowed the jury to conclude the employee's termination, which came immediately after she requested time off for the Jewish high holidays, was a direct result of the request but not solely because of her religious beliefs. Meanwhile, the employee's voluntary resignation from a subsequent position requires the award of back pay be reduced by $20,000, while her failure to prove any evil intent on the part of the judge prevented an award of punitive damages, and so that $35,000 award will also be vacated.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: February 29, 2024, Case #: 1:17cv305, NOS: Employment - Civil Rights, Categories: Employment, Damages, First Amendment
J. Deavers denies the employer's motion to dismiss, ruling that while the bankruptcy trustee of the Japanese employee is the actual party-in-interest for any discrimination claims, dismissal would be an extreme remedy. The trustee is likely unaware of the suit and, therefore, the trustee will be notified of this action and given 30 days to pursue joinder or substitution.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: February 28, 2024, Case #: 2:22cv290, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Litkovitz grants the media company's motion to dismiss, ruling that because the complaint filed by the female news anchor does not conclusively state it controlled the local news station or its employees and because her employment contract with the station does not mention the company, it is an improper defendant. However, the news station's motion to dismiss will be denied because the non-renewal of the anchor's contract satisfies requirements for an "adverse employment action," while the younger, male anchor with a similar disciplinary history qualifies as a comparator that allows the female anchor to establish a prima facie case for sex and age discrimination.
Court: USDC Southern District of Ohio, Judge: Litkovitz, Filed On: February 28, 2024, Case #: 1:23cv410, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Black grants the parties' joint motion to approve the class action settlement, ruling there is no evidence of fraud or collusion and the settlement will not only fairly compensate class members who purchased seven-pound bags of ice that weighed less than seven pounds, but will also prevent several more years of litigation.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: February 27, 2024, Case #: 1:19cv1042, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Morrison denies the ERISA plan administrators' motion for judgment on the administrative record, ruling the employee is entitled to coverage for injuries sustained when he was kicked in the leg by a bull calf. Although there is an exclusion in the policy for injuries sustained while working for another employer, the exclusion did not apply in this case. The employee owns and operates a cattle business; however, the calf that kicked him was being raised for personal consumption - a claim proven by receipts and other testimony - which entitles the employee to medical benefits under the plan.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 26, 2024, Case #: 2:22cv1789, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence
J. Sargus grants the mineral rights owner's motion for a preliminary injunction, ruling its offer of $100,000 to the surface rights owner and plan to drill horizontally into neighboring properties gives the surface owner due regard for its intended use of the land as a deer hunting reserve. Therefore, the $100,000 will be paid and the mineral rights owner will be allowed to begin development of the proposed wells.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 23, 2024, Case #: 2:23cv4232, NOS: All Other Real Property - Real Property, Categories: Environment, Property, Injunction
J. Graham denies, in part, the police officer's motion for summary judgment, ruling the drawing of his gun on the federal agent immediately upon his arrival at the scene following a 911 call was objectively unreasonable. Although the officer believed the agent was impersonating a law enforcement agent, the federal agent presented no danger and made no attempt to flee when the officer arrived. Additionally, the video and audio recordings of the federal agent's arrest create a question of fact as to how much resistance, if any, he provided while being handcuffed, and so the arresting officers are not entitled to immunity on the excessive force claim related to their use of a taser.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: February 23, 2024, Case #: 2:20cv6256, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Cole denies the Jeep hardtop cover patent holder's motion to expand the court's previous injunction, ruling the sale of two allegedly patent-infringing hardtops by the manufacturer the day the injunction was entered does not violate the order considering the time difference between this court's location in Cincinnati and Thailand, the location of the manufacturer. Meanwhile, the publication of an FAQ and assembly guide on the manufacturer's website does not constitute a violation of the injunction, which prohibits any advertising, because the documents have no promotional effect and cannot be considered marketing materials.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 23, 2024, Case #: 1:20cv918, NOS: Patent - Property Rights, Categories: Patent, Injunction
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Employment Retaliation, Labor
J. Hopkins denies the former employee's motion to dismiss, ruling that while she was a remote employee based in Idaho, she reported to a Kroger supervisor based in Ohio, traveled to Ohio several times throughout her employment and communicated with Ohio-based coworkers on a daily basis, all of which grants this court jurisdiction over Kroger's claims for misappropriation of trade secrets.
Court: USDC Southern District of Ohio, Judge: Hopkins, Filed On: February 16, 2024, Case #: 1:23cv816, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
J. Marbley grants the internet trade association's motion for a preliminary injunction, ruling it is likely to succeed on the merits of its First Amendment claims against the state of Ohio regarding enforcement of its law to prohibit minors under the age of 16 from registering social media accounts without parental consent. It is a content-based restriction of speech that infringes on minors' free speech rights in an extremely broad fashion. Although protecting children from harmful content and reducing the likelihood of mental health issues are compelling interests, the social media ban is "a breathtakingly blunt instrument" to accomplish such goals and is also likely void for vagueness under the Fourteenth Amendment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 12, 2024, Case #: 2:24cv47, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, First Amendment, Injunction
J. Cole grants Wal-mart's motion to strike portions of the injured shopper's declaration, ruling her clarifications of the alleged defect in the tile floor that caused her to trip and fall contradict previous versions of her story, including the one taken in her deposition, and constitute sham issues of fact that cannot be considered on the parties' competing motions for summary judgment. Therefore, because the shopper put forth no concrete evidence of a defect in the floor and no evidence the employees of the store were aware of any dangerous defect, Wal-mart's motion for summary judgment is granted and the case is dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 12, 2024, Case #: 1:21cv670, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Newman grants the agricultural waste companies' motion for summary judgment, ruling the citizen suit under the Clean Air Act is barred by the diligent prosecution doctrine. The EPA has taken reasonable steps to ensure the companies' compliance with air quality standards, including shutting down portions of their plant through enforcement of a consent decree that contains civil fines for noncompliance.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: February 12, 2024, Case #: 3:22cv102, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment, Government
J. Sargus denies, in part, the employer's motion for summary judgment, ruling issues of fact regarding the IT analyst's primary job duties, including whether she exercised any independent judgment acting as a liaison between the employer and clients, prevent the court from determining whether she was properly classified as an exempt employee under the Fair Labor Standards Act. However, because the analyst's on-call work duties did not require her to be at the office, allowed her to pursue personal activities and involved infrequent calls that usually took less than 10 minutes to resolve, that time is not compensable as overtime.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 12, 2024, Case #: 2:22cv2871, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Morrison grants the employer's motion for summary judgment, ruling the black pharmacist cannot establish a prima facie case for race discrimination. None of the isolated negative comments made by management were racially motivated, while the pharmacy technicians he claims were treated more favorably had entirely different job responsibilities and, therefore, are not similarly situated. Meanwhile, his disability discrimination claims fail because the employer had a legitimate reason to fire him when he failed to meet productivity standards following several previous disciplinary issues.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 8, 2024, Case #: 2:21cv4141, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Cole denies the city's motion to dismiss, ruling the position of the fire chief is a public employment position for which the employee can only be fired for cause, which creates a property interest protected by due process and allows the former chief to bring his due process claims. Furthermore, because the termination letter published by the city was written as a formal way to inform the public of its decision, statements about the chief's workplace culture and possible misconduct are "falsifiable statements of fact" that allow the chief's defamation claim to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 7, 2024, Case #: 1:23cv230, NOS: Employment - Civil Rights, Categories: Employment, Defamation, Due Process